; and: (2) by inserting after subparagraph (C), the following: (D) Fines for contributing to institution failure (i) First tier Notwithstanding subparagraphs (A), (B), and (C), any executive officer or director who has negligently caused financial loss to any insured depository institution that has failed shall forfeit and pay a civil penalty of not more than $25,000 for each day during which such conduct occurred. (ii) Second tier Notwithstanding subparagraphs (A), (B), and (C), any executive officer or director who knowingly or recklessly caused financial loss to any insured depository institution that has failed shall forfeit and pay a civil penalty in an amount not to exceed the applicable maximum amount determined under subparagraph (E) for each day during which such conduct occurred. . (b) Conforming amendments Section 8(i)(2) of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(i)(2) ), as amended by subsection (a) is further amended— (1) in subparagraph (E), by striking to subparagraph (C) and inserting to subparagraph (C) or (D) ; (2) in subparagraph (F)— (A) by striking under subparagraph (A), (B), or (C) and inserting under subparagraph (A), (B), (C), or (D) ; and (B) by striking subparagraph (H) and inserting subparagraph (I) ; (3) in subparagraph (G), by striking under subparagraph (A), (B), or (C) and inserting under subparagraph (A), (B), (C), or (D) ; and (4) in subparagraph (H), by striking under subparagraph (A), (B), or (C) and inserting under subparagraph (A), (B), (C), or (D) . 6. Rule of construction This Act and the amendments made by this Act may not be construed to limit the enforcement authorities that financial regulators and law enforcement agencies had, prior to the date of enactment of this Act, to hold executive officers and board members of insured depository institutions and covered financial companies accountable for any misconduct in which they are found to have engaged.