S4050119th CongressWALLET

Failed Bank Executives Clawback Act

Sponsored By: Senator Elizabeth Warren

Introduced

Summary

A federal clawback system to recover pay from executives of failed banks. The bill would let the Federal Deposit Insurance Corporation and other federal regulators reclaim broad categories of compensation from covered parties tied to insured depository institutions with more than $10 billion in assets when the institution becomes insolvent, enters resolution, or the FDIC is appointed receiver.

Show full summary
  • Executives and insiders: Directors, officers, controlling stockholders and others found primarily responsible could face clawbacks of salary, bonuses, equity awards, time- or service-based awards, awards tied to performance metrics, and profits realized from securities. The clawback scope covers pay received in the prior 3 years and applies to institutions with more than $10 billion in assets.
  • Deposit Insurance Fund: Any amounts recovered must be deposited into the Deposit Insurance Fund to help cover losses tied to the failed institution.
  • Regulatory reach: The bill would also clarify that the FDIC's orderly liquidation authority applies regardless of how the FDIC is appointed receiver and explicitly authorizes the FDIC to pursue these compensation recoveries.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 1 costs, 0 mixed.

Clawbacks for big bank executives

This bill would require the FDIC to recover pay from certain leaders at insured banks with more than $10 billion in assets. The clawback would apply if the bank is insolvent, in resolution, or the FDIC is appointed receiver. The FDIC would be able to recover covered compensation paid in the preceding three years, including salary, bonuses, equity awards, time- or service-based awards, performance-based pay, nonfinancial awards, and profits from buying or selling securities. Covered parties would include directors, officers, some controlling stockholders (excluding bank or savings-and-loan holding companies), persons filing change-in-control notices, shareholders, joint venture partners, and others the regulator finds primarily responsible. Any money recovered would be deposited into the Deposit Insurance Fund.

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Sponsors & CoSponsors

Sponsor

Elizabeth Warren

MA • D

Cosponsors

  • Josh Hawley

    MO • R

    Sponsored 3/11/2026

  • Catherine Cortez Masto

    NV • D

    Sponsored 3/11/2026

  • Katie Britt

    AL • R

    Sponsored 3/11/2026

  • Ruben Gallego

    AZ • D

    Sponsored 3/11/2026

  • Kevin Cramer

    ND • R

    Sponsored 3/11/2026

  • Mark Warner

    VA • D

    Sponsored 3/11/2026

  • Chris Van Hollen

    MD • D

    Sponsored 3/11/2026

  • Tina Smith

    MN • D

    Sponsored 3/11/2026

  • Raphael Warnock

    GA • D

    Sponsored 3/11/2026

  • John Fetterman

    PA • D

    Sponsored 3/11/2026

  • Andy Kim

    NJ • D

    Sponsored 3/11/2026

  • Lisa Blunt Rochester

    DE • D

    Sponsored 3/11/2026

  • Angela Alsobrooks

    MD • D

    Sponsored 3/11/2026

Roll Call Votes

No roll call votes available for this bill.

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