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Failed Bank Executives Clawback Act

3/12/2024, 11:22 AM

Summary of Bill S 1790

Bill 118 s 1790, also known as the Failed Bank Executives Clawback Act, was introduced in the US Congress with the aim of holding bank executives accountable for the failure of their institutions. The bill proposed that if a bank failed and required a government bailout, the executives responsible for the failure would be required to return a portion of their compensation.

The bill outlined specific criteria for determining which executives would be subject to the clawback provision, including those who were directly involved in the decision-making process that led to the bank's failure. The amount of compensation that would need to be returned was also specified in the bill, with a percentage of the executive's total compensation being required to be repaid.

Despite its noble intentions, the Failed Bank Executives Clawback Act ultimately failed to pass in Congress. Critics of the bill argued that it would be difficult to enforce and could potentially discourage talented individuals from pursuing careers in the banking industry. Proponents, on the other hand, believed that it was necessary to hold executives accountable for their actions and prevent future financial crises. In conclusion, Bill 118 s 1790, the Failed Bank Executives Clawback Act, was a proposed piece of legislation aimed at increasing accountability among bank executives. While it ultimately failed to pass, the bill sparked important conversations about executive compensation and responsibility in the banking industry.

Congressional Summary of S 1790

Failed Bank Executives Clawback Act

This bill requires the Federal Deposit Insurance Corporation (FDIC) to claw back compensation from specific responsible parties in case of a large insured depository institution's insolvency, resolution, or receivership. This clawback requirement applies to an entity (including a director, shareholder, or other person who participates in the conduct of the institution's affairs) that caused more than a minimal financial loss to, or a significant adverse effect on, the insured depository institution. The compensation subject to the clawback requirement includes salary, bonuses, awards, and any profits realized from the buying or selling of securities during the preceding three years.

The bill also expands the authority of the FDIC to claw back compensation of parties responsible for financial losses incurred by a financial company regardless of the process by which it is appointed receiver.

Current Status of Bill S 1790

Bill S 1790 is currently in the status of Bill Introduced since June 1, 2023. Bill S 1790 was introduced during Congress 118 and was introduced to the Senate on June 1, 2023.  Bill S 1790's most recent activity was Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. as of June 1, 2023

Bipartisan Support of Bill S 1790

Total Number of Sponsors
1
Democrat Sponsors
1
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
24
Democrat Cosponsors
14
Republican Cosponsors
10
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill S 1790

Primary Policy Focus

Finance and Financial Sector

Alternate Title(s) of Bill S 1790

Failed Bank Executives Clawback Act
Failed Bank Executives Clawback Act
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, and for other purposes.

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