union is the qualified disaster area described in 
section 2(4)(B); 
(3) the reduction in the capital or net worth 
category of the insured depository institution or in-
sured credit union is directly attributable to the im-
pact of Hurricane Rita or Hurricane Wilma, as ap-
plicable; and 
(4) forbearance from any such action— 
(A) would facilitate the recovery of the in-
sured depository institution or insured credit 
union from the disaster in accordance with a re-
covery plan or a capital or net worth restoration 
plan established by such depository institution 
or credit union; and 
(B) would be consistent with safe and 
sound practices. 
(b) CAPITAL AND NET WORTH CATEGORIES DE-
FINED.—For purposes of this section, the terms relating 
to capital categories for insured depository institutions 
have the same meaning as in section 38(b)(1) of the Fed-
eral Deposit Insurance Act and the terms relating to net 
worth categories for insured credit unions have the same 
meaning as in section 216(c)(1) of the Federal Credit 
Union Act.
SEC. 6. DEPOSIT OF INSURANCE PROCEEDS. 
(a) IN GENERAL.—The appropriate Federal banking 
agency and the National Credit Union Administration 
may, by order, permit an insured depository institution or 
insured credit union, during the 18-month period begin-
ning on the date of enactment of this Act, to subtract from 
such institution’s or credit union’s total assets in calcu-
lating compliance with the leverage limit, applicable under 
section 38 of the Federal Deposit Insurance Act or section 
216(c)(2) of the Federal Credit Union Act with respect 
to such insured depository institution or insured credit 
union, an amount not exceeding the qualifying amount at-
tributable to insurance proceeds, if the agency or Adminis-
tration determines that— 
(1) such institution or credit union— 
(A) derives more than 50 percent of its 
total deposits from persons who normally reside 
within, or whose principal place of business is 
normally within, a qualified disaster area; 
(B) was at least adequately capitalized as 
of— 
(i) September 24, 2005, if the quali-
fied disaster area referred to in subpara-
graph (A) with respect to such depository 
institution or credit union is the qualified 
disaster area described in section 2(4)(A);
(ii) October 22, 2005, if the qualified 
disaster area referred to in subparagraph 
(A) with respect to such depository institu-
tion or credit union is the qualified dis-
aster area described in section 2(4)(B); 
and 
(C) has an acceptable plan for managing 
the increase in its total assets and total depos-
its; and 
(2) the subtraction is consistent with the pur-
pose of section 38 of the Federal Deposit Insurance 
Act, in the case of an insured depository institution, 
and section 216 of the Federal Credit Union Act, in 
the case of an insured credit union. 
(b) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) LEVERAGE
LIMIT.—The term ‘‘leverage 
limit’’— 
(A) with respect to an insured depository 
institution, has the same meaning as in section 
38 of the Federal Deposit Insurance Act; and 
(B) with respect to an insured credit 
union, means the net worth ratio that cor-
responds to the leverage limit, as established in 
accordance with section 216(c)(2).
(2) QUALIFYING
AMOUNT
ATTRIBUTABLE
TO 
INSURANCE
PROCEEDS.—The 
term 
‘‘qualifying 
amount attributable to insurance proceeds’’ means 
the amount (if any) by which the institution’s or 
credit union’s total assets exceed the institution’s or 
credit union’s average total assets during the cal-
endar quarter ending before the date of the earliest 
Presidential determination referred to in section 
2(4), because of the deposit of insurance payments 
or governmental assistance, including government 
disaster relief payments, made with respect to dam-
age caused by, or other costs resulting from, the 
major disaster within a qualified disaster area. 
SEC. 7. EFFECTIVE PERIOD. 
(a) IN GENERAL.—Except as provided in sections 
3(2), 5(a), and 6(a) and subject to subsection (b), the pro-
visions of this Act shall not apply after the end of the 
180-day period beginning on the date of the enactment 
of this Act. 
(b) 30-DAY EXTENSION AUTHORIZED.—With respect 
to the provisions of section 4, the 180-day period referred 
to in subsection (a) may be extended for 1 additional 30- 
day period upon a determination by the Board of Gov-
ernors of the Federal Reserve System that such extension 
is appropriate to achieve the purposes of this Act.
Union Calendar No. 153 
109TH CONGRESS 
1ST SESSION 
H. R. 4146 
[Report No. 109–282] 
A BILL 
To facilitate recovery from the effects of Hurricane 
Rita and Hurricane Wilma by providing greater 
flexibility for, and temporary waivers of certain 
requirements and fees imposed on, depository in-
stitutions, credit unions, and Federal regulatory 
agencies, and for other purposes. 
NOVEMBER 10, 2005 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed