1. Short title This Act may be cited as the Failed Bank Executives Clawback Act . 2. Claw back Section 8(b) of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(b) ) is amended by inserting after paragraph (8) the following: (9) Clawback (A) Definition In this paragraph, the term covered compensation means— (i) salary; (ii) bonuses; (iii) any compensation that is granted, earned, or vested based wholly or in part upon the attainment of any financial reporting measure or other performance metric; (iv) equity-based compensation; (v) time- or service-based awards; (vi) awards based on nonfinancial metrics; and (vii) any profits realized from the buying or selling of securities. (B) Clawback (i) Liability of institution-affiliated party An institution-affiliated party that is substantially responsible for the condition of the insured depository institution is liable to the Corporation for any covered compensation clawed back under clause (ii). (ii) Required clawbacks In the case of insolvency or resolution of any insured depository institution, the Corporation shall claw back all or part of the covered compensation received by an institution-affiliated party during the preceding 5 years as is necessary to prevent unjust enrichment and assure that the party bears losses consistent with the responsibility of the party. (iii) Deposit Any covered compensation clawed back under this subparagraph shall be deposited into the Deposit Insurance Fund or into the general fund of the Treasury. . 3. Orderly liquidation of covered financial companies Section 204 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5384 ) is amended by adding at the end the following: (e) Clawback (1) Definition In this subsection, the term covered compensation means— (A) salary; (B) bonuses; (C) any compensation that is granted, earned, or vested based wholly or in part upon the attainment of any financial reporting measure or other performance metric; (D) equity-based compensation; (E) time- or service-based awards