,,ii #aahth ,,congress #ast ,session ,s4 #ajde ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bi1 #bjbc ,ms4 ,warren 7for herself1 ,mr4 ,hawley1 ,ms4 ,cortez ,masto1 and ,mr4 ,braun7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 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 executives4 #a4 ,short title ,this ,act may be cited as the ,failed ,bank ,executives ,clawback ,act4 #b4 ,clawback ,section #h7;b7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahah7;b77 is amended by inserting after paragraph 7#h7 the following3 7#i7 ,clawback 7,a7 ,definition ,in this paragraph1 the term covered compensation means-- 7i7 salary2 7ii7 bonuses2 7iii7 any compensation that is granted1 earned1 or vested based wholly or in part upon the attainment of any financial reporting measure or other performance metric2 7iv7 equity-based compensation2 7v7 time- or service-based awards2 7vi7 awards based on nonfinancial metrics2 and 7vii7 any profits realized from the buying or selling of securities4 7,b7 ,clawback 7i7 ,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 7ii74 7ii7 ,required clawbacks ,in the case of insolvency or resolution of any insured depository institution1 the ,corporation shall claw back all or part of the covered compensation received by an institution-affiliated party during the preceding #e years as is necessary to prevent unjust enrichment and assure that the party bears losses consistent with the responsibility of the party4 7iii7 ,deposit ,any covered compensation clawed back under this subparagraph shall be deposited into the ,deposit ,insurance ,fund or into the general fund of the ,treasury4 4 #c4 ,orderly liquidation of covered financial companies ,section #bjd7;a77#c7 of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #echd7;a77#c77 is amended by striking the financial company and inserting of a financial company for which the ,corporation is appointed receiver1 regardless of the process by which the ,corporation is appointed14 #d4 ,resolved insured depository institutions ,if an insured depository institution is resolved by the ,federal ,deposit ,insurance ,corporation1 the creditors and shareholders of any corresponding depository institution holding company shall bear the losses of the insured depository institution4