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Failed Bank Executives Accountability and Consequences Act

12/15/2023, 3:59 PM

Summary of Bill HR 4208

Bill 118 hr 4208, also known as the Failed Bank Executives Accountability and Consequences Act, was introduced in the US Congress with the aim of holding executives of failed banks accountable for their actions and imposing consequences for their role in the failure of the bank.

The bill proposed several key measures to achieve this goal. Firstly, it required failed bank executives to provide a detailed account of their actions leading up to the bank's failure, including any decisions that may have contributed to the collapse. This information would be used to determine the level of accountability and consequences that should be imposed on the executives.

Additionally, the bill called for the establishment of a special oversight committee to review the actions of failed bank executives and recommend appropriate consequences, such as fines, bans from serving in the banking industry, or even criminal charges in cases of gross negligence or misconduct. Despite its noble intentions, Bill 118 hr 4208 ultimately failed to pass in Congress due to opposition from some lawmakers who argued that it would be too harsh on bank executives and could have unintended consequences for the banking industry as a whole. Overall, the Failed Bank Executives Accountability and Consequences Act aimed to address the issue of accountability in the banking sector and ensure that executives are held responsible for their actions in the event of a bank failure. However, its failure to pass highlights the challenges of enacting meaningful reform in the financial industry.

Congressional Summary of HR 4208

Failed Bank Executives Accountability and Consequences Act

This bill allows the Federal Deposit Insurance Corporation (FDIC) to recover compensation from an executive officer or director of a failed financial company that is in receivership. Specifically, any current or former executive officer whose negligence caused financial loss to the company may have their compensation for the preceding two years clawed back by the FDIC. No time limit applies if the financial loss involves fraud.

In addition, federal banking agencies are allowed to prohibit a party from participation in the affairs of any bank if that party negligently caused financial loss to a failed bank.

The bill also establishes civil penalties for executive officers or directors who caused financial loss to a failed bank.

Current Status of Bill HR 4208

Bill HR 4208 is currently in the status of Bill Introduced since June 20, 2023. Bill HR 4208 was introduced during Congress 118 and was introduced to the House on June 20, 2023.  Bill HR 4208's most recent activity was Referred to the House Committee on Financial Services. as of June 20, 2023

Bipartisan Support of Bill HR 4208

Total Number of Sponsors
1
Democrat Sponsors
1
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
20
Democrat Cosponsors
20
Republican Cosponsors
0
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 4208

Primary Policy Focus

Finance and Financial Sector

Alternate Title(s) of Bill HR 4208

Failed Bank Executives Accountability and Consequences Act
Failed Bank Executives Accountability and Consequences Act
To provide Federal financial regulators with clawback authority over executive compensation and additional industry prohibition and civil money penalty authority with respect to executives whose negligence caused financial loss to the applicable financial institution, and for other purposes.

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