`(e) Across-the-Board Executive Compensation and Corporate Governance Requirements-
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`(1) STANDARDS REQUIRED-
Notwithstanding any provision of, and in addition to any
requirement of subsection (a), (b), or (c) (other than
the definitions in subsection (b)(3)), the Secretary
shall require any institution that became an assisted
institution after the date of the enactment of the TARP
Reform and Accountability Act of 2009 to meet standards
for executive compensation and corporate governance
while any assistance under this title is outstanding.
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`(2) SPECIFIC
REQUIREMENTS- The standards established under paragraph
(1) shall include--
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`(A) limits on
compensation that exclude incentives for senior
executive officers of such institution to take
unnecessary and excessive risks that threaten the
value of such institution during the period that any
assistance under this title is outstanding;
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`(B) a provision for
the recovery by such institution of any bonus or
incentive compensation paid to a senior executive
officer based on statements of earnings, gains, or
other criteria that are later found to be materially
inaccurate;
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`(C) a prohibition on
such institution making any golden parachute payment
to a senior executive officer during the period that
the assistance under this title is outstanding;
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`(D) a prohibition on
such institution paying or accruing any bonus or
incentive compensation, during the period that the
assistance under this title is outstanding, to the
25 most highly-compensated employees; and
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`(E) a prohibition on
any compensation plan that would encourage
manipulation of such institution's reported earnings
to enhance the compensation of any of its employees.
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`(3) APPLICABILITY TO
PRIOR ASSISTANCE- Notwithstanding any limitations
included in subsection (a), (b), or (c) with regard to
applicability, the Secretary may apply the requirements
of and the standards established under this subsection
to any assisted institution that received any assistance
under this title before the date of the enactment of the
TARP Reform and Accountability Act of 2009.
(b) Repeal of De Minimis Exception- Section 111(c) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5221(c)) is amended by striking `and only where such purchases per financial institution in the aggregate exceed $300,000,000 (including direct purchases),'.