CLARIFICATION OF THE DEFINITION OF “SUCCESSOR IN INTEREST”.

SEC. 702. CLARIFICATION OF THE DEFINITION OF “SUCCESSOR IN INTEREST”.(a) In General.—Section 4303(4) is amended by adding at the end the following new subparagraph:124 STAT. 2888 “(D)(i) Whether the term ‘successor in interest’ applies with respect to an entity described in subparagraph (A) for purposes of clause (iv) of such subparagraph shall be determined on a case-by-case basis using a multi-factor test that considers the following factors:“(I) Substantial continuity of business operations.“(II) Use of the same or similar facilities.“(III) Continuity of work force.“(IV) Similarity of jobs and working conditions.“(V) Similarity of supervisory personnel.“(VI) Similarity of machinery, equipment, and production methods.“(VII) Similarity of products or services.“(ii) The entity’s lack of notice or awareness of a potential or pending claim under this chapter at the time of a merger, acquisition, or other form of succession shall not be considered when applying the multi-factor test under clause (i).”.(b) Application.—The amendment made by subsection (a) shall apply to—(1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and(2) all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act.