; and (2) by redesignating paragraph (4) as paragraph (5) and inserting after paragraph (3) the following: (4) the term institution-affiliated party means— (A) any director, officer, employee, shareholder, or agent of a System institution; (B) any independent contractor (including any attorney, appraiser, or accountant) who knowingly or recklessly participates in— (i) any violation of law (including regulations) that is associated with the operations and activities of 1 or more institutions; (ii) any breach of fiduciary duty; or (iii) any unsafe or unsound practice, which caused or is likely to cause more than a minimal financial loss to, or a significant adverse effect on, a System institution; and (C) any other person, as determined by the Farm Credit Administration (by regulation or on a case-by-case basis) who participates in the conduct of the affairs of a System institution