PolicyBrief
H.R. 10044
119th CongressAug 6th 2026
AI Tax and Work Protection Act
IN COMMITTEE

The AI Tax and Work Protection Act imposes an excise tax on large-scale AI developers to fund a federal grant program dedicated to creating stable, high-quality public service jobs.

Gregorio Casar
D

Gregorio Casar

Representative

TX-35

LEGISLATION

AI Tax and Work Protection Act: New 2% Token Fee to Fund Public Service Jobs Program

The AI Tax and Work Protection Act introduces a first-of-its-kind excise tax on the data units, or "tokens," processed by large-scale artificial intelligence models. Starting as early as fiscal year 2027, companies that develop or sell access to massive AI systems (those trained with at least 10^25 operations) will face a tax of either 2% per token or 3% of their AI-related revenue, whichever is higher. This money is funneled into a dedicated federal trust fund designed to act as a financial safety net for workers whose jobs are phased out by automation. Notably, the tax rate isn't static; it is designed to climb if the national unemployment rate hits 5% or higher, essentially making it more expensive for companies to automate during economic downturns.

The Automation Tax Bracket

For businesses, this bill changes the math on AI implementation. If a company uses AI to significantly shrink its workforce, it becomes a "covered person" liable for the tax. This creates a direct financial link between replacing a human employee with an algorithm and paying into a fund to support that worker. While the bill carves out exceptions for government research, universities, and nonprofits, for-profit tech firms and AI-heavy enterprises will likely see a rise in operational costs. If you’re a developer or a business owner relying on these models, you might see these costs passed down in the form of higher subscription fees for AI tools.

A New Deal for Displaced Workers

The revenue generated from these tokens won't just sit in a vault. The bill establishes a "Work Protection Administration" under the Department of Labor to manage a massive grant program. These grants are earmarked for state and local governments and nonprofits to create stable, full-time public service jobs. We’re talking about positions in childcare, public health, infrastructure, and environmental conservation. For a worker in a call center or a manufacturing plant who loses their job to a chatbot or a robot, this program aims to provide a landing spot in a community-focused role that pays a prevailing wage and offers benefits comparable to federal employment, including 12 weeks of paid family leave.

The Fine Print and Implementation Hurdles

While the bill promises a "bridge" to new employment, the mechanics are complex. Title III is somewhat vague on exactly how the new Office of Job Creation will choose which organizations get the money, which could lead to a "wait and see" period for local communities. Additionally, the Bureau of Labor Statistics is tasked with a $20 million-a-year mission to track exactly how AI is affecting our paychecks and hours. This data will be crucial because the Treasury Secretary has the power to freeze tax hikes if unemployment spikes due to a pandemic or war rather than AI. It’s a high-stakes balancing act: trying to fund the future of work without accidentally stifling the technology that’s driving it.