I 
119TH CONGRESS 
1ST SESSION H. R. 5317 
To amend the Federal Deposit Insurance Act to ensure that certain custodial 
deposits of well capitalized insured depository institutions are not consid-
ered to be funds obtained by or through deposit brokers, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 11, 2025 
Mr. HILL of Arkansas introduced the following bill; which was referred to the 
Committee on Financial Services 
A BILL 
To amend the Federal Deposit Insurance Act to ensure that 
certain custodial deposits of well capitalized insured de-
pository institutions are not considered to be funds ob-
tained by or through deposit brokers, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Community Bank De-
posit Access Act of 2025’’. 
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SEC. 2. LIMITED EXCEPTION FOR CUSTODIAL DEPOSITS. 
(a) IN GENERAL.—Section 29 of the Federal Deposit 
Insurance Act (12 U.S.C. 1831f) is amended by adding 
at the end the following: 
‘‘(j) LIMITED EXCEPTION FOR CUSTODIAL DEPOS-
ITS.— 
‘‘(1) IN GENERAL.—Custodial deposits of an el-
igible institution shall not be considered to be funds 
obtained, directly or indirectly, by or through a de-
posit 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 eligi-
ble institution. 
‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) CUSTODIAL
DEPOSIT.—The term 
‘custodial deposit’ means a deposit 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 pro-
viding 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: 
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‘‘(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 invest-
ment advisor, acting in a formal custodial 
or fiduciary capacity for the benefit of a 
plan, as defined in section 3 of the Em-
ployee Retirement Income Security Act of 
1974 (29 U.S.C. 1002). 
‘‘(B) ELIGIBLE
INSTITUTION.—The term 
‘eligible institution’ means an insured deposi-
tory institution that accepts custodial deposits, 
that were not deposited at the insured deposi-
tory institution in return for fees paid by the 
insured depository institution pursuant to an 
agreement with a third party, if the insured de-
pository institution— 
‘‘(i) has less than $10,000,000,000 in 
total assets as reported on the consolidated 
report of condition and income as reported 
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quarterly to the appropriate Federal bank-
ing agency; 
‘‘(ii)(I) when most recently examined 
under section 10(d) was found to have a 
composite condition of outstanding or 
good; and 
‘‘(II) is well capitalized; or 
‘‘(iii) has obtained a waiver pursuant 
to subsection (c). 
‘‘(C) PLAN
ADMINISTRATOR.—The term 
‘plan administrator’ has the meaning given the 
term ‘administrator’ in section 3 of the Em-
ployee Retirement Income Security Act of 1974 
(29 U.S.C. 1002). 
‘‘(D) WELL CAPITALIZED.—The term ‘well 
capitalized’ has the meaning given the term in 
section 38(b).’’. 
(b) INTEREST RATE RESTRICTION.—Section 29 of 
the Federal Deposit Insurance Act (12 U.S.C. 1831f) is 
amended by striking subsection (e) and inserting the fol-
lowing: 
‘‘(e) RESTRICTION ON INTEREST RATE PAID.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the terms ‘custodial deposit’, ‘eligible 
institution’, and ‘well capitalized’ have the 
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meanings given those terms in subsection (j); 
and 
‘‘(B) the term ‘covered insured depository 
institution’ means an insured depository institu-
tion that— 
‘‘(i) under subsection (c) or (d), ac-
cepts funds obtained, directly or indirectly, 
by or through a deposit broker; or 
‘‘(ii) while acting as an eligible insti-
tution under subsection (j), accepts custo-
dial deposits while not well capitalized. 
‘‘(2) PROHIBITION.—A covered insured deposi-
tory institution may not pay a rate of interest on 
funds that, under subsection (c) or (d), are obtained, 
directly or indirectly, by or through a deposit broker 
or on custodial deposits that are accepted while not 
well capitalized that, at the time the funds or custo-
dial deposits are accepted, significantly exceeds the 
limit set forth in paragraph (3). 
‘‘(3) LIMIT ON INTEREST RATES.—The limit on 
the rate of interest referred to in paragraph (2) shall 
be not greater than— 
‘‘(A) the rate paid on deposits of similar 
maturity in the normal market area of the cov-
ered insured depository institution for deposits 
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accepted in the normal market area of the cov-
ered insured depository institution; or 
‘‘(B) the national rate paid on deposits of 
comparable maturity, as established by the Cor-
poration, for deposits accepted outside the nor-
mal market area of the covered insured deposi-
tory institution.’’. 
Æ 
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