Page:United States Statutes at Large Volume 106 Part 4.djvu/37

 PUBLIC LAW 102-485—OCT. 23, 1992 106 STAT. 2773 (D) has an acceptable plan for managing the increase in its total assets ana total deposits; and (2) the subtraction is consistent with the purpose of section 38 of the Federal Deposit Insurance Act. (b) DEFINITIONS. —For purposes of this section: (1) APPROPRIATE FEDERAL BANKING AGENCY. —The term "appropriate Federal banking agency" has the same meaning as in section 3 of the Federal Deposit Insurance Act. (2) INSURED DEPOSITORY INSTITUTION.— The term "insured depository institution" has the same meaning as in section 3 of the Federal Deposit Insurance Act. (3) LEVERAGE LIMIT. — The term leverage limit" has the same meaning as in section 38 of the Federal Deposit Insurance Act. (4) QUALIFYING AMOUNT ATTRIBUTABLE TO INSURANCE PRO- CEEDS.— The term "qualifying amount attributable to insurance proceeds" means the amount (if any) by which the institution's total assets exceed the institution's average total assets during the calendar quarter ending before the date of the Presidential determination referred to in subsection (a)(l)(A), because of the deposit of insurance payments or governmental assistance made with respect to damage caused by, or other costs resulting from, the migor disaster. SEC. 6. BANKING AGENCY PUBLICATION REQUIREMENTS. 12 USC 1828 (a) IN GENERAL.— During the 180-day period beginning on the date of enactment of this Act, a qualifying regulatory agency may take any of the following actions with respect to depository institutions or other regulated entities whose principal place of business is within, or wim respect to transactions or activities within, an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined that a msgor disaster exists, if the agency determines that the action would facilitate recovery from the major disaster: (1) PROCEDURE. —Exercising the agency's authority under provisions of law other than this section without complying with— (A) any requirement of section 553 of title 5, United States Code; or (B) any provision of law that requires notice or opportunity for hearing or sets maximum or minimum time limits with respect to agency action. (2) PUBLICATiON REQUIREMENTS. — Making exceptions, with respect to institutions or other entities for which the agency is the primary Federal regulator, to— (A) any publication requirement with respect to establishing branches or other deposit-taking facilities; or (B) any similar publication re<]uirement. (b) PUBLICATION REQUIRED.— ^A qualifying regulatory agency Federal shall publish in the Federal Register a statement that— S^SSon (1) describes any action taken under Uiis section; and ^ (2) explains the need for the action. (c) QUALIFYING REGULATORY AGENCY DEFINED. —For purposes of this section, the term "qualifying regulatory agency" means— (1) the Board of Governors of the Federal Reserve System; (2) the Comptroller of the Currency; (3) the Director of t^e Office of Thnft Supervision;

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