118 STAT. 3617 PUBLIC LAW 108–454—DEC. 10, 2004 PROJECT.—The amendments made by this section shall not be con- strued to affect the force or validity of any guarantee of a loan made by the Secretary of Veterans Affairs under the demonstration project for the guarantee of hybrid adjustable rate mortgages under section 3707A of title 38, United States Code, as in effect on the day before the date of the enactment of this Act. SEC. 406. TERMINATION OF COLLECTION OF LOAN FEES FROM VET- ERANS RATED ELIGIBLE FOR COMPENSATION AT PRE-DIS- CHARGE RATING EXAMINATIONS. Section 3729(c) is amended— (1) by inserting ‘‘(1)’’ before ‘‘A fee’’; and (2) by adding at the end the following new paragraph: ‘‘(2) A veteran who is rated eligible to receive compensation as a result of a pre-discharge disability examination and rating shall be treated as receiving compensation for purposes of this subsection as of the date on which the veteran is rated eligible to receive compensation as a result of the pre-discharge disability examination and rating without regard to whether an effective date of the award of compensation is established as of that date.’’. SEC. 407. THREE-YEAR EXTENSION OF NATIVE AMERICAN VETERAN HOUSING LOAN PILOT PROGRAM. Section 3761(c) is amended by striking ‘‘December 31, 2005’’ and inserting ‘‘December 31, 2008’’. TITLE V—MATTERS RELATING TO FIDUCIARIES SEC. 501. DEFINITION OF FIDUCIARY. (a) IN GENERAL.—(1) Chapter 55 is amended by adding at the end the following new section: ‘‘§ 5506. Definition of ‘fiduciary’ ‘‘For purposes of this chapter and chapter 61 of this title, the term ‘fiduciary’ means— ‘‘(1) a person who is a guardian, curator, conservator, com- mittee, or person legally vested with the responsibility or care of a claimant (or a claimant’s estate) or of a beneficiary (or a beneficiary’s estate); or ‘‘(2) any other person having been appointed in a represent- ative capacity to receive money paid under any of the laws administered by the Secretary for the use and benefit of a minor, incompetent, or other beneficiary.’’. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ‘‘5506. Definition of ‘fiduciary’.’’. (b) CONFORMING AMENDMENTS TO SECTION 5502.—Section 5502 is amended— (1) in subsection (a)— (A) in paragraph (1), by striking ‘‘other person’’ and inserting ‘‘other fiduciary’’; and (B) in the second sentence of paragraph (2), by inserting ‘‘for benefits under this title’’ after ‘‘in connection with rendering fiduciary services’’; VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00151 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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