---
kind: "section"
citation: "12 U.S.C. § 4613"
title: "12"
title_heading: "Banks and Banking"
number: "4613"
heading: "Critical capital levels"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/4613"
units:
  - "Chapter 46 — Government Sponsored Enterprises"
  - "Subchapter II — Required Capital Levels for Regulated Entities, Special Enforcement Powers, and Reviews of Assets and Liabilities"
---

# §4613. Critical capital levels

- (a) **Enterprises—** For purposes of this subchapter, the critical capital level for each [enterprise](/usc/12/4502.md?p=10) shall be the sum of—
  - (1) 1.25 percent of the aggregate on-balance sheet assets of the [enterprise](/usc/12/4502.md?p=10), as determined in accordance with generally accepted accounting principles;
  - (2) 0.25 percent of the unpaid principal balance of outstanding [mortgage](/usc/12/1707.md?p=a)-backed securities and substantially equivalent instruments issued or guaranteed by the [enterprise](/usc/12/4502.md?p=10) that are not included in [paragraph (1)](#a-1); and
  - (3) 0.25 percent of other off-balance sheet obligations of the [enterprise](/usc/12/4502.md?p=10) not included in [paragraph (2)](#a-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](/usc/12/4502.md?p=9) shall adjust such percentage to reflect differences in the [credit](/usc/12/5481.md?p=7) risk of such obligations in relation to the instruments included in [paragraph (2)](#a-2).
- (b) **Federal Home Loan Banks—**
  - (1) **In general—** For purposes of this subchapter, the critical capital level for each Federal Home Loan Bank shall be such amount of capital as the [Director](/usc/12/4502.md?p=9) shall, by regulation, require.
  - (2) **Consideration of other critical capital levels—** In establishing the critical capital level under [paragraph (1)](#b-1) for the Federal Home Loan Banks, the [Director](/usc/12/4502.md?p=9) shall take due consideration of the critical capital level established under [subsection (a)](#a) for the [enterprises](/usc/12/4502.md?p=10), with such modifications as the [Director](/usc/12/4502.md?p=9) determines to be appropriate to reflect the difference in operations between the banks and the [enterprises](/usc/12/4502.md?p=10).

## Source credit

(Pub. L. 102–550, title XIII, § 1363, Oct. 28, 1992, 106 Stat. 3976; Pub. L. 110–289, div. A, title I, § 1141(a), July 30, 2008, 122 Stat. 2730.)

## Notes

### 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.”