Statements on Introduced Bills and Joint Resolutions

Floor Speech

Date: Nov. 30, 2010
Location: Washington, DC

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Mr. WYDEN. Mr. President, today, along with my colleagues Senators Sessions, McCaskill, and Thune, I am introducing a bill to help crime victims and state courts recover the restitution and fees that are owed to them. This bipartisan bill would accomplish this worthy goal by intercepting tax refunds of deadbeat debtors who've failed to pay restitution or court fees. If enacted, this bill would essentially allow state courts to cross-reference outstanding debts with the IRS and use existing procedures to withhold tax refunds in order to satisfy past due debts.

This bill would not only deliver justice to crime victims who are owed restitution, but would also provide much-needed resources to help keep court rooms open and court programs operating. At a time when our State and local governments are struggling to find funding for vital programs--including keeping courthouse doors open--unpaid court fees represent an important source of revenue that should be captured. This bill would help close budget gaps and provide additional revenue without raising taxes or imposing any new costs or burdens. In fact, participation in the program would be optional for states, but I expect most states to participate and to benefit greatly from this bill.

This bill would operate the same way as the very successful child support debt collection system. The bill will allow states to share information on outstanding restitution owed and court debts with the IRS, which would then be required to intercept any Federal tax refunds of debtors and send that money to the victim or court owed that debt.

It has been estimated by the National Center for State Courts that outstanding court debts across the country total approximately $15 billion. In my home State of Oregon alone, the outstanding restitution and court fee debt amount is $987 million. Only a portion of outstanding debts are owed by individuals who will receive Federal tax refunds, so a portion of court debts would not be collected immediately. Nonetheless, the State of Oregon estimates that passage of this bill would allow the state to collect $30 million per year.

Without this straight-forward and efficient mechanism, the collection of victim restitution and court debts is a costly and time-consuming process. Enactment of this bill would reduce the fiscal cost and administrative burden that victims and courts bear in attempting to collect those debts. Again, in the midst of a challenging fiscal crisis, it only makes common sense to collect revenues that are already owed--through an efficient and convenient method.

Because this bill would benefit both the court system, and those who rely upon it, the Court Fee Tax Intercept Act is endorsed by a broad array of court, government, law enforcement, and crime victims organizations. The bill is supported by the National Center for Victims of Crime, the National District Attorneys Association, the American Probation and Parole Association, the Conference of Chief Justices, the Conference of State Court Administrators, the National Association for Court Managers, the National Conference of State Legislatures, the National Association of Counties, and the Government Finance Officers Association.

I urge all colleagues to support this bipartisan legislation.

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