Sec. 6. Recapture of credits for outsourcing employers
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Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subpart: Sec. 54. Recapture of credits for outsourcing employers. Pursuant to regulations prescribed by the Secretary, in the case of a taxpayer which owns a facility for which there is an outsourcing event during the taxable year, the tax under this chapter for such taxable year shall be increased by the amount equal to the sum of— any credits allowed under this chapter relating to expenses for design, construction, operation, or maintenance of such facility during the 5 taxable years preceding such taxable year, and any grants provided by the Secretary in lieu of credits described in paragraph
(1)during the 5 taxable years preceding such taxable year. For purposes of subsection (a), the term outsourcing event means a plant closing or mass layoff (as described in section 2(a) of the Worker Adjustment and Retraining Notification Act) in which the employment loss (excluding any part-time employees) for positions which will be moved to a country outside of the United States, as determined pursuant to the outsourcing statement (as described in paragraph
(1)of such section 3(e) of such Act) served by the taxpayer during the taxable year, exceeds 50 employees. For purposes of this section, the members of an expanded affiliated group (as defined in section 280I(b)(4)) shall be treated as a single taxpayer. . The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Subpart H—Recapture of credits for outsourcing employers . The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.