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

(iii) 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
pursuant to the provisions of section 553 of title 5, United
States 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, float
income, loan-to-value ratios, taxes, yield 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 capital 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 risk-
based 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
Office. The Director shall make copies of such model or models
available for public acquisition and may charge a reasonable fee
for such copies.

SEC. 1362. MINIMUM CAPITAL LEVELS. 12 USC 4612.

(a) IN GENERAL.—For purposes of this subtitle, the minimum
capital level for each enterprise shall be the sum of—

(1) 2.50 percent of the aggregate on-balance sheet assets
of the enterprise, as determined in accordance with generally
accepted accounting principles;