HIRE Act

This bill imposes a 25% federal excise tax on and disallows tax deductions related to payments made to foreign persons for labor or services benefiting consumers in the United States (outsourcing payments). The bill also provides funding for workforce development initiatives.

Specifically, the excise tax applies to outsourcing payments, which the bill defines as any premium, fee, royalty, service charge, or other payment made

• in the course of a trade or business,
• to a foreign person (excluding a corporation or partnership organized under the laws of the United States or a U.S. possession), and
• for labor or services which benefit (directly or indirectly) U.S. consumers.

Further, a federal tax deduction is not allowed for outsourcing payments or the excise tax on such payments.

Under the bill, the Internal Revenue Service may require persons to report information related to outsourcing payments. The bill imposes penalties for failing to report such information or pay the excise tax.

The bill also establishes and provides funding for the Domestic Workforce Fund, which is to be used for

• workforce development and retraining programs,
• apprenticeship programs and partnerships with industry to expand domestic employment in sectors impacted by outsourcing, and
• state grants for workforce development for communities with high levels of job displacement.

The funding provided by the bill for the Domestic Workforce Fund is equivalent to the amounts received from the tax and penalties imposed by the bill.