Page:United States Statutes at Large Volume 107 Part 1.djvu/779

 PUBLIC LAW 103-76—AUG. 12, 1993 107 STAT. 753 SEC. 3. DEPOSIT OF INSURANCE PROCEEDS. 12 USC 183 lo (a) IN GENERAL. — The appropriate Federal banking agency may, by order, permit an insured depository institution to subtract from the institution's total assets, in calculating compliance with the leverage limit prescribed under section 38 of the Federal Deposit Insurance Act, an amount not exceeding the qualifying amount attributable to insurance proceeds, if the agency determines that— (1) the institution— (A) had its principal place of business within an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined, on or after April 1, 1993, that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1993 flooding of the Mississippi River and its tributaries, on the day before the date of any such determination; (B) derives more than 60 percent of its total deposits from persons who normally reside within, or whose principal place of business is normally within, areas of intense devastation caused by the major disaster; (C) was adequately capitalized (as defined in section 38 of the Federal Deposit Insurance Act) before the major disaster; and (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) TIME LIMIT ON EXCEPTIONS. —Any exception made under this section shall expire not later than April 1, 1995. (c) 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 any determination referred to in subsection (a)(1)(A), because of the deposit of insurance payments or governmental assistance made with respect to damage caused by, or other costs resulting from, the major disaster, SEC. 4. BANKING AGENCY PUBLICATION REQUIREMENTS. 12 USC 1828 (a) IN GENERAL. —^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 with 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

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