Passed House. Latest step, May 21, 2026: Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. The House passed it 393–16. It would change 1 section of existing law and would add 1 new provisions of its own.
How this bill changes the law
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H.R. 5317 would change 1 section of existing law, and would create 1 new provision of its own. Read from the bill text as sent to the Senate (May 21, 2026).
(j) Limited exception for custodial deposits.—(1) In general.— Custodial deposits of an eligible institution shall not be considered to be funds obtained, directly or indirectly, by or through a deposit broker to the extent that the total amount of such custodial deposits does not exceed an amount equal to 20 percent of the total liabilities of the eligible institution.(2) Definitions.— In this subsection:(A) Custodial deposit.— The term custodial deposit means a deposit that is not deposited at an insured depository institution in return for fees paid by the insured depository institution pursuant to an agreement with a third party and that would otherwise be considered to be obtained, directly or indirectly, by or through a deposit broker, if the deposit is deposited at 1 or more insured depository institutions, for the purpose of providing or maintaining deposit insurance for the benefit of a third party, by or through any of the following, each acting in a formal custodial or fiduciary capacity for the benefit of a third party:(i) An insured depository institution serving as agent, trustee, or custodian.(ii) A trust entity controlled by an insured depository institution serving as agent, trustee, or custodian.(iii) A State-chartered trust company serving as agent, trustee, or custodian.(iv) A plan administrator or investment advisor, acting in a formal custodial or fiduciary capacity for the benefit of a plan.(B) Eligible institution.— The term eligible institution means an insured depository institution that accepts custodial deposits, if the insured depository institution has less than $10,000,000,000 in total assets as reported on the consolidated report of condition and income as reported quarterly to the appropriate Federal banking agency and—(i)(I) when most recently examined under section 10(d) was assigned a composite rating of 1, 2, or 3 under the Uniform Financial Institutions Rating System (or an equivalent rating under a comparable rating system); and(II) is well capitalized; or(ii) has obtained a waiver pursuant to subsection (c).(C) Plan.— The term "plan" has the meaning given the term in section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002).(D) Plan administrator.— The term plan administrator has the meaning given the term administrator in section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002).(E) Well capitalized.— The term well capitalized has the meaning given the term in section 38(b).
The bill says: Section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f) is amended by adding at the end the following:
From the bill's official text on GovInfo and the U.S. Code, 2024 edition, which may not yet show changes made since.
What it does
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Community Bank Deposit Access Act of 2025
This bill changes the treatment of certain types of deposits so they are no longer classified as brokered deposits. Brokered deposits are funds placed by a broker on behalf of a client in a depository institution to maximize interest rates and for depository insurance purposes. Currently, institutions that accept brokered deposits may be subject to additional oversight.
In particular, under the bill, custodial deposits at insured depository institutions with less than $10 billion in total assets shall not be treated as brokered deposits if the deposits do not exceed 20% of the institution’s liabilities. The institution must be well-capitalized and have a specified minimum soundness rating, or be in possession of a waiver from the Federal Deposit Insurance Corporation.
The bill also generally applies existing interest rate limits applicable to institutions that are not well-capitalized to similar institutions that accept custodial deposits.
Official summary by the Congressional Research Service (Reported to House, Nov 4, 2025).
Our plain-language breakdown, with what it means for you and the case for and against, is written once a bill starts to move.
What has happened
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May 20, 2026Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 393 - 16 (Roll no. 179). Roll call recordLibrary of Congress
Nov 4, 2025Reported (Amended) by the Committee on Financial Services. H. Rept. 119-369.Library of Congress
Sep 11, 2025Introduced in HouseLibrary of Congress