Page:United States Statutes at Large Volume 106 Part 5.djvu/337

 PUBLIC LAW 102-550—OCT. 28, 1992 106 STAT. 3975 (iii) more than 30 years. (E) The owner of the property is— (i) an owner-occupant; or (ii) an investor. (F) The unpaid principal balance of the mortgage— (i) will amortize completely over the term of the mortgage and will not increase significantly at any time during the term of the mortgage; (ii) will not amortize completely over the term of the mortgage and will not increase significantly at any time during the term of the mortgage; or (lii) may increase significantly at some time during the term of the mortgage. (G) Any other characteristics of the mortgage, as the Director may determine. (e) REGULATIONS. — (1) ISSUANCE.— The Director shall issue final regulations establishing the risk-based capital test under this section not later than the expiration of the 18-month period beginning on the date of the appointment of the Director. Such regulations shall be issued after notice and opportunity for public comment gursuant to the provisions of section 553 of title 5, United tates Code, and shall take effect upon issuance. (2) CONTENTS.—The regulations under this subsection shall contain specific requirements, definitions, methods, variables, and parameters used under the risk-based capital test and in implementing the test (such as loan loss severity, fioat income, loan-to-value ratios, taxes, jrield curve slopes, default experience, and prepayment rates). The regulations shall be sufficiently specific to permit an individual other than the Director to apply the test in the same manner as the Director. (3) CONFIDENTIALITY OF INFORMATION.— Any person that receives any book, record, or information from the Director or an enterprise to enable the risk-based capit£d test to be applied shall— (A) maintain the confidentiality of the book, record, or information in a manner that is generally consistent with the level of confidentiality established for the material by the Director or the enterprise; and (B) be exempt from section 552 of title 5, United States Code, with respect to the book, record, or information. (f) AVAILABILITY OF MODEL. — The Director shall provide copies of the statistical model or models used to implement the riskbased capital test under this section to the Secretary, the Board of Governors of the Federal Reserve System, the Director of the Office of Management and Budget, the Comptroller General of the United States, and the Director of the Congressional Budget OfiEice. The Director shall make copies of such model or models available for public acquisition and may charge a reasonable fee for such copies. • SEC. 1382. MINIMUM CAPITAL LEVELS. 12 USC 4612. (a) IN GENERAL.— For purposes of this subtitle, the minimum capital level for each entetrprise shall be the sum of— (1) 2.50 percent of the aggregate on-balance sheet assets of the enterprise, aei determined in accordance with generally accepted accounting principles;

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