; and (B) whose conduct did not contribute to the failure of the depository institution or depository institution holding company, as applicable. (d) Exception This section shall not apply to a depository institution or depository institution holding company with total consolidated assets of not more than $10,000,000,000. . 4. Cease-and-desist proceedings 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) Recovery of compensation If the Corporation is appointed receiver or conservator of an insured depository institution with total consolidated assets of more than $10,000,000,000, the Corporation may recover for the receivership or conservatorship incentive-based compensation, equity-based compensation, severance pay, golden parachute benefits, or compensation that is granted or vested based wholly or in part upon the attainment of any financial reporting measure or other performance metric, and any profits realized from the purchase or sale of securities of the depository institution or depository institution holding company during the 24-month period preceding the failure of the insured depository institution from any senior executive, as defined in subsection (e)(2)(C), who is responsible for the failed condition of the depository institution or depository institution holding company. . 5. Civil money penalties Section 8(i)(2) of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(i)(2) ) is amended— (1) in subparagraph (C)(i), in the matter preceding subclause (I), by inserting or, in the case of a senior executive, as defined in subsection (e)(2)(C), recklessly after knowingly