12 U.S.C. § 4611

Risk-based capital levels for regulated entities

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(a) In general(1) Enterprises

The Director shall, by regulation, establish risk-based capital requirements for the enterprises to ensure that the enterprises operate in a safe and sound manner, maintaining sufficient capital and reserves to support the risks that arise in the operations and management of the enterprises.

(2) Federal Home Loan Banks

The Director shall establish risk-based capital standards under section 1426 of this title for the Federal Home Loan Banks.

(b) No limitation

Nothing in this section shall limit the authority of the Director to require other reports or undertakings, or take other action, in furtherance of the responsibilities of the Director under this Act.

(Pub. L. 102–550, title XIII, § 1361, Oct. 28, 1992, 106 Stat. 3972; Pub. L. 110–289, div. A, title I, § 1110(a), July 30, 2008, 122 Stat. 2675.)Editorial NotesReferences in Text

This Act, referred to in subsec. (b), is Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3672, known as the Housing and Community Development Act of 1992. For complete classification of this Act to the Code, see Short Title of 1992 Amendment note set out under section 5301 of Title 42, The Public Health and Welfare, and Tables.

Amendments

2008—Pub. L. 110–289 amended section generally. Prior to amendment, section related to risk-based capital levels for enterprises.

Notes of Decisions

Cited in 2 cases, 2013–2017 · leading case: Saxton v. Fed. Hous. Fin. Agency, 245 F. Supp. 3d 1063 (N.D. Iowa 2017).

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Saxton v. Fed. Hous. Fin. Agency, 245 F. Supp. 3d 1063 (N.D. Iowa 2017). “¶¶ 31, 42 ; see also 12 U.S.C. § 4611 . Treasury is an executive agency temporarily authorized by HERA to purchase stock issued by the GSEs, with such purchase authority expiring on December 31, 2009.”

Fed. Hous. Fin. Agency v. City of Chicago, 962 F. Supp. 2d 1044 (N.D. Ill. 2013). “” 12 U.S.C. § 4611 (a). HERA sets forth various grounds for the Director of FHFA to exercise his discretion to appoint FHFA as conservator of Fannie and Freddie.”

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