DEFINITIONS.

SEC. 1002. DEFINITIONS.(a) Federal Safety and Soundness Act Definitions.—Section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502) is amended—(1) in each of paragraphs (8), (9), (10), and (19), by striking “Secretary” each place that term appears and inserting “Director”;(2) by redesignating paragraphs (16) through (19) as paragraphs (21) through (24), respectively;(3) by striking paragraphs (13) through (15) and inserting the following:“(19) Office of finance.—The term ‘Office of Finance’ means the Office of Finance of the Federal Home Loan Bank System (or any successor thereto).“(20) Regulated entity.—The term ‘regulated entity’ means—“(A) the Federal National Mortgage Association and any affiliate thereof;“(B) the Federal Home Loan Mortgage Corporation and any affiliate thereof; and“(C) any Federal Home Loan Bank.”;(4) by redesignating paragraphs (11) and (12) as paragraphs (17) and (18), respectively;(5) by redesignating paragraph (7) as paragraph (12);(6) by redesignating paragraphs (8) through (10) as paragraphs (14) through (16), respectively;(7) in paragraph (5)—(A) by striking “(5)” and inserting “(9)”; and(B) by striking “Office of Federal Housing Enterprise Oversight of the Department of Housing and Urban Development” and inserting “Federal Housing Finance Agency”;(8) by redesignating paragraph (6) as paragraph (10);(9) by redesignating paragraphs (2) through (4) as paragraphs (5) through (7), respectively;122 STAT. 2660(10) by inserting after paragraph (7), as redesignated, the following:“(8) Default; in danger of default.—“(A) Default.—The term ‘default’ means, with respect to a regulated entity, any adjudication or other official determination by any court of competent jurisdiction, or the Agency, pursuant to which a conservator, receiver, limited-life regulated entity, or legal custodian is appointed for a regulated entity.“(B) In danger of default.—The term ‘in danger of default’ means a regulated entity with respect to which, in the opinion of the Agency—“(i) the regulated entity is not likely to be able to pay the obligations of the regulated entity in the normal course of business; or“(ii) the regulated entity—“(I) has incurred or is likely to incur losses that will deplete all or substantially all of its capital; and“(II) there is no reasonable prospect that the capital of the regulated entity will be replenished.”;(11) by inserting after paragraph (1) the following:“(2) Agency.—The term ‘Agency’ means the Federal Housing Finance Agency established under section 1311.“(3) Authorizing statutes.—The term ‘authorizing statutes’ means—“(A) the Federal National Mortgage Association Charter Act;“(B) the Federal Home Loan Mortgage Corporation Act; and“(C) the Federal Home Loan Bank Act.“(4) Board.—The term ‘Board’ means the Federal Housing Finance Oversight Board established under section 1313A.”;(12) by inserting after paragraph (10), as redesignated by this section, the following:“(11) Entity-affiliated party.—The term ‘entity-affiliated party’ means—“(A) any director, officer, employee, or controlling stockholder of, or agent for, a regulated entity;“(B) any shareholder, affiliate, consultant, or joint venture partner of a regulated entity, and any other person, as determined by the Director (by regulation or on a case-by-case basis) that participates in the conduct of the affairs of a regulated entity, provided that a member of a Federal Home Loan Bank shall not be deemed to have participated in the affairs of that Bank solely by virtue of being a shareholder of, and obtaining advances from, that Bank;“(C) any independent contractor for a regulated entity (including any attorney, appraiser, or accountant), if—“(i) the independent contractor knowingly or recklessly participates in—“(I) any violation of any law or regulation;“(II) any breach of fiduciary duty; or“(III) any unsafe or unsound practice; and“(ii) such violation, breach, or practice caused, or is likely to cause, more than a minimal financial loss 122 STAT. 2661 to, or a significant adverse effect on, the regulated entity;“(D) any not-for-profit corporation that receives its principal funding, on an ongoing basis, from any regulated entity; and“(E) the Office of Finance.”;(13) by inserting after paragraph (12), as redesignated by this section, the following:“(13) Limited-life regulated entity.—The term ‘limited-life regulated entity’ means an entity established by the Agency under section 1367(i) with respect to a Federal Home Loan Bank in default or in danger of default or with respect to an enterprise in default or in danger of default.”; and(14) by adding at the end the following:“(25) Violation.—The term ‘violation’ includes any action (alone or in combination with another or others) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation.”.(b) References in This Act.—As used in this Act, unless otherwise specified—(1) the term “Agency” means the Federal Housing Finance Agency;(2) the term “Director” means the Director of the Agency; and(3) the terms “enterprise”, “regulated entity”, and “authorizing statutes” have the same meanings as in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as amended by this Act.