Title 12Banks and BankingRelease 119-73not60

§4613 Critical Capital Levels

Title 12 › Chapter 46— GOVERNMENT SPONSORED ENTERPRISES › Subchapter II— REQUIRED CAPITAL LEVELS FOR REGULATED ENTITIES, SPECIAL ENFORCEMENT POWERS, AND REVIEWS OF ASSETS AND LIABILITIES › § 4613

Last updated Apr 3, 2026|Official source

Summary

It sets a required "critical capital level" for each enterprise by adding three parts: 1.25% of its on‑balance‑sheet assets (as reported under generally accepted accounting principles); 0.25% of the unpaid principal on mortgage‑backed securities and similar instruments not counted in the first part; and 0.25% of other off‑balance‑sheet obligations not counted in the second part, excluding commitments above 50% of the average quarterly commitments over the prior four quarters. The Director may change the third percentage to reflect differences in credit risk. For each Federal Home Loan Bank, the Director must set the critical capital level by rule. The Director must consider the enterprise formula above and modify it as needed to reflect how the banks operate differently.

Full Legal Text

Title 12, §4613

Banks and Banking — Source: USLM XML via OLRC

(a)For purposes of this subchapter, the critical capital level for each enterprise shall be the sum of—
(1)1.25 percent of the aggregate on-balance sheet assets of the enterprise, as determined in accordance with generally accepted accounting principles;
(2)0.25 percent of the unpaid principal balance of outstanding mortgage-backed securities and substantially equivalent instruments issued or guaranteed by the enterprise that are not included in paragraph (1); and
(3)0.25 percent of other off-balance sheet obligations of the enterprise not included in paragraph (2) (excluding commitments in excess of 50 percent of the average dollar amount of the commitments outstanding each quarter over the preceding 4 quarters), except that the Director shall adjust such percentage to reflect differences in the credit risk of such obligations in relation to the instruments included in paragraph (2).
(b)(1)For purposes of this subchapter, the critical capital level for each Federal Home Loan Bank shall be such amount of capital as the Director shall, by regulation, require.
(2)In establishing the critical capital level under paragraph (1) for the Federal Home Loan Banks, the Director shall take due consideration of the critical capital level established under subsection (a) for the enterprises, with such modifications as the Director determines to be appropriate to reflect the difference in operations between the banks and the enterprises.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Pub. L. 110–289 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 110–289, div. A, title I, § 1141(b),
July 30, 2008, 122 Stat. 2730, provided that: “Not later than the expiration of the 180-day period beginning on the date of enactment of this Act [
July 30, 2008], the Director of the Federal Housing Finance Agency shall issue

Regulations

pursuant to section 1363(b) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 [12 U.S.C. 4613(b)] (as added by this section) establishing the critical capital level under such section.”

Reference

Citations & Metadata

Citation

12 U.S.C. § 4613

Title 12Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60