Page:United States Statutes at Large Volume 124.djvu/2914

124 STAT. 2888 PUBLIC LAW 111–275—OCT. 13, 2010 ‘‘(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 produc- tion 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. SEC. 703. TECHNICAL AMENDMENTS. (a) AMENDMENT TO SECTION 4324 OF TITLE 38, UNITED STATES CODE.—Section 4324(b)(4) is amended by inserting before the period the following: ‘‘declining to initiate an action and represent the person before the Merit Systems Protection Board’’. (b) AMENDMENT TO CONGRESSIONAL ACCOUNTABILITY ACT OF 1995.—Section 206(b) of the Congressional Accountability Act of 1995 (2 U.S.C. 1316(b)) is amended by striking ‘‘under paragraphs (1), (2)(A), and (3) of section 4323(c) of title 38, United States Code’’ and inserting ‘‘under section 4323(d) of title 38, United States Code’’. (c) AMENDMENT TO SECTION 416 OF TITLE 3, UNITED STATES CODE.—Section 416(b) of title 3, United States Code, is amended by striking ‘‘under paragraphs (1) and (2)(A) of section 4323(c) of title 38’’ and inserting ‘‘under section 4323(d) of title 38’’. TITLE VIII—BENEFITS MATTERS SEC. 801. INCREASE IN NUMBER OF VETERANS FOR WHICH PROGRAMS OF INDEPENDENT LIVING SERVICES AND ASSISTANCE MAY BE INITIATED. (a) INCREASE.—Section 3120(e) is amended by striking ‘‘2600’’ and inserting ‘‘2,700’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to fiscal years beginning after the date of the enactment of this Act. SEC. 802. PAYMENT OF UNPAID BALANCES OF DEPARTMENT OF VET- ERANS AFFAIRS GUARANTEED LOANS. (a) IN GENERAL.—Section 3732(a)(2) is amended— 38 USC 3120 note. 38 USC 3120. 38 USC 4303 note. Applicability.