Bipartisan Senators Introduce Legislation to Hold Bank Executives Accountable for Failures

A bipartisan group of senators, led by Sen. Elizabeth Warren (D-Mass.) and Sen. J.D. Vance (R-Ohio), has put forth a new bill aimed at reviving efforts to claw back compensation from big bank executives in the event of a failure or resolution. The proposed legislation, known as the Failed Bank Executives Clawback Act, would empower federal regulators to recoup up to three years of compensation earned by bank CEOs, board members, controlling shareholders, and other key individuals should their company collapse.

Photo by Lorie Shaull

Presently, the Federal Deposit Insurance Corp. (FDIC) possesses limited authority to reclaim executives' pay when their banks crumble and inflict significant costs on the banking system and the broader economy. The introduction of this bill seeks to address this regulatory gap and ensure that failed bank executives are held responsible for their actions.

Senator Warren emphasized the importance of heeding President Joe Biden's call to strengthen the regulatory regime in order to hold failed bank executives accountable. In March, President Biden proposed granting the FDIC greater authority, empowering them to prohibit executives of failed companies from working in the industry and to impose fines on bank managers in the event of a shutdown.

The senators behind the Failed Bank Executives Clawback Act believe that U.S. taxpayers should not bear the burden of executives' excessive risk-taking and gross mismanagement. Sen. Vance expressed his support for the legislation, stating, "This legislation would right that wrong and ensure that failed bank executives are held accountable for the collapse of their institutions—not the American taxpayer."

By introducing this bill, the bipartisan group of senators hopes to address a crucial issue within the banking industry and promote greater accountability among bank executives. The proposed legislation marks a significant step towards safeguarding the financial system and protecting taxpayers from shouldering the consequences of corporate failures. As the bill progresses through the legislative process, its sponsors anticipate bipartisan support and a collective commitment to holding bank executives accountable for their actions.