Page:United States Statutes at Large Volume 113 Part 2.djvu/447

 PUBLIC LAW 106-102—NOV. 12, 1999 113 STAT. 1467 agency with supervisory responsibility over the insured depository institution. "(d) APPLICABILITY.—Subsections (b) and (c) shall not apply with respect to any agreement entered into before the end of the 6-month period beginning on the date of the enactment of the Gramm-Leach-Bliley Act. "(e) DEFINITIONS.— "(1) AGREEMENT. —For purposes of this section, the term 'agreement' — "(A) means— "(i) any written contract, written arrangement, or, other written understanding that provides for cash payments, grants, or other consideration with a value in excess of $10,000, or for loans the aggregate amount of principal of which exceeds $50,000, annually (or the sum of all such agreements during a 12-month period with an aggregate value of cash payments, or with an aggregate amount of loan principal in excess of $50,000); or "(ii) a group of substantively related contracts with an aggregate value of cash payments, grants, or other consideration in excess of $10,000, or with an aggregate amount of loan principal in excess of $50,000, annually; made pursuant to, or in connection with, the fulfillment of the Community Reinvestment Act of 1977, at least 1 party to which is an insured depository institution or affiliate thereof, whether organized on a profit or not-for-profit basis; and "(B) does not include— "(i) any individual mortgage loan; "(ii) any specific contract or commitment for a loan or extension of credit to individuals, businesses, farms, or other entities, if the funds are loaned at rates not substantially below market rates and if the purpose of the loan or extension of credit does not include any re-lending of the borrowed funds to other parties; or "(iii) any agreement entered into by an insured depository institution or affiliate with a nongovernmental entity or person who has not commented on, testified about, or discussed with the institution, or otherwise contacted the institution, concerning the Community Reinvestment Act of 1977. "(2) FULFILLMENT OF CRA.— For purposes of subparagraph (A), the term 'fulfillment' means a list of factors that the appropriate Federal banking agency determines have a material impact on the agency's decision— "(A) to approve or disapprove an application for a deposit facility (as defined in section 803 of the Community Reinvestment Act of 1977); or "(B) to assign a rating to an insured depository institution under section 807 of the Community Reinvestment Act of 1977. "(f) VIOLATIONS. — "(1) VIOLATIONS BY PERSONS OTHER THAN INSURED DEPOSI- TORY INSTITUTIONS OR THEIR AFFILIATES.—
 * grants, or other consideration in excess of $10,000,

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