[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1045 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1045
To amend the Federal Deposit Insurance Act to clarify that the Federal
Deposit Insurance Corporation and appropriate Federal regulators have
the authority to claw back certain compensation paid to executives.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 29, 2023
Ms. Warren (for herself, Mr. Hawley, Ms. Cortez Masto, and Mr. Braun)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Federal Deposit Insurance Act to clarify that the Federal
Deposit Insurance Corporation and appropriate Federal regulators have
the authority to claw back certain compensation paid to executives.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Failed Bank Executives Clawback
Act''.
SEC. 2. CLAWBACK.
Section 8(b) of the Federal Deposit Insurance Act (12 U.S.C.
1818(b)) is amended by inserting after paragraph (8) the following:
``(9) Clawback.--
``(A) Definition.--In this paragraph, the term
`covered compensation' means--
``(i) salary;
``(ii) bonuses;
``(iii) any compensation that is granted,
earned, or vested based wholly or in part upon
the attainment of any financial reporting
measure or other performance metric;
``(iv) equity-based compensation;
``(v) time- or service-based awards;
``(vi) awards based on nonfinancial
metrics; and
``(vii) any profits realized from the
buying or selling of securities.
``(B) Clawback.--
``(i) Liability of institution-affiliated
party.--An institution-affiliated party that is
responsible for the condition of the insured
depository institution is liable to the
Corporation for any covered compensation clawed
back under clause (ii).
``(ii) Required clawbacks.--In the case of
insolvency or resolution of any insured
depository institution, the Corporation shall
claw back all or part of the covered
compensation received by an institution-
affiliated party during the preceding 5 years
as is necessary to prevent unjust enrichment
and assure that the party bears losses
consistent with the responsibility of the
party.
``(iii) Deposit.--Any covered compensation
clawed back under this subparagraph shall be
deposited into the Deposit Insurance Fund or
into the general fund of the Treasury.''.
SEC. 3. ORDERLY LIQUIDATION OF COVERED FINANCIAL COMPANIES.
Section 204(a)(3) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5384(a)(3)) is amended by striking ``the
financial company'' and inserting ``of a financial company for which
the Corporation is appointed receiver, regardless of the process by
which the Corporation is appointed,''.
SEC. 4. RESOLVED INSURED DEPOSITORY INSTITUTIONS.
If an insured depository institution is resolved by the Federal
Deposit Insurance Corporation, the creditors and shareholders of any
corresponding depository institution holding company shall bear the
losses of the insured depository institution.
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