institution’s share of any dividend or credit 
declared under this paragraph or para-
graph (3)(B), taking into account the fac-
tors described in clause (ii). 
‘‘(ii) FACTORS FOR DISTRIBUTION.—
In implementing this paragraph and para-
graph (3)(B) in accordance with regula-
tions, the Corporation shall take into ac-
count the following factors: 
‘‘(I) The ratio of the assessment 
base of an insured depository institu-
tion (including any predecessor) on 
December 31, 1996, to the assessment 
base of all eligible insured depository 
institutions on that date. 
‘‘(II) The total amount of assess-
ments paid on or after January 1, 
1997, by an insured depository insti-
tution (including any predecessor) to 
the Deposit Insurance Fund (and any 
predecessor deposit insurance fund). 
‘‘(III) That portion of assess-
ments paid by an insured depository 
institution (including any predecessor)
that reflects higher levels of risk as-
sumed by such institution. 
‘‘(IV) Such other factors as the 
Corporation may determine to be ap-
propriate. 
‘‘(D) NOTICE
AND
OPPORTUNITY
FOR 
COMMENT.—The Corporation shall prescribe by 
regulation, after notice and opportunity for 
comment, the method for the calculation, dec-
laration, and payment of dividends under this 
paragraph. 
‘‘(3) CREDIT POOL.—
‘‘(A) ONE-TIME CREDIT BASED ON TOTAL 
ASSESSMENT BASE AT YEAR-END 1996.—
‘‘(i) IN GENERAL.—Before the end of 
the 270-day period beginning on the date 
of the enactment of the Federal Deposit 
Insurance Reform Act of 2005, the Board 
of Directors shall, by regulation, provide 
for a credit to each eligible insured deposi-
tory institution, based on the assessment 
base of the institution (including any pred-
ecessor institution) on December 31, 1996, 
as compared to the combined aggregate as-
sessment base of all eligible insured deposi-
tory institutions, taking into account such 
factors as the Board of Directors may de-
termine to be appropriate. 
‘‘(ii) CREDIT LIMIT.—The aggregate 
amount of credits available under clause (i) 
to all eligible insured depository institu-
tions shall equal the amount that the Cor-
poration could collect if the Corporation 
imposed an assessment of 12 basis points 
on the combined assessment base of the 
Bank Insurance Fund and the Savings As-
sociation Insurance Fund as of December 
31, 2001. 
‘‘(iii) ELIGIBLE INSURED DEPOSITORY 
INSTITUTION DEFINED.—For purposes of 
this paragraph, the term ‘eligible insured 
depository institution’ means any insured 
depository institution that—
‘‘(I) was in existence on Decem-
ber 31, 1996, and paid a deposit in-
surance assessment prior to that date; 
or 
‘‘(II) is a successor to any in-
sured depository institution described 
in subclause (I).
‘‘(iv) APPLICATION OF CREDITS.—
‘‘(I) IN GENERAL.—The amount 
of a credit to any eligible insured de-
pository institution under this para-
graph shall be applied by the Corpora-
tion, subject to subsection (b)(3)(E), 
to the assessments imposed on such 
institution under subsection (b) that 
become due for assessment periods be-
ginning after the effective date of reg-
ulations prescribed under clause (i). 
‘‘(II) REGULATIONS.—The regu-
lations prescribed under clause (i) 
shall establish the qualifications and 
procedures governing the application 
of assessment credits pursuant to sub-
clause (I). 
‘‘(v) LIMITATION
ON
AMOUNT
OF 
CREDIT FOR CERTAIN DEPOSITORY INSTI-
TUTIONS.—In the case of an insured de-
pository institution that exhibits financial, 
operational, 
or 
compliance 
weaknesses 
ranging from moderately severe to unsatis-
factory, or is not adequately capitalized (as 
defined in section 38) at the beginning of