Analyses / Whip Count Analysis / 119 · HR 5317 Whip Count Analysis

119-HR-5317 DC Insider Whip Count Analysis

119 · HR 5317 Community Bank Deposit Access Act of 2025

account_balance_wallet Finance and Financial Sector
Community Bank Deposit Access Act of 2025This 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...

H.R. 5317 cleared the House 393–16 under suspension on May 20, 2026, signaling broad bipartisan support; the bill would exempt certain community‑bank custodial deposits (≤20% of liabilities, <$10B assets) from brokered‐deposit treatment. It now awaits Senate action in the Banking Committee under Chair Tim Scott, where the 60‑vote Senate threshold remains the key procedural gate. Industry (AFC/ABA) is supportive, while Better Markets and FDIC materials flag risk concerns around brokered deposits. Odds to pass the Senate are high barring calendar slippage. [1]Clerk.House.gov — U.S. House of Representatives Roll Call Votes (Roll 179 entry…

Published
23 May 2026
Updated
23 May 2026
Tags
HR5317 · banking · FDIC
Unvetted
01 · Section

Breakdown: expected Senate support/opposition

What the House just did matters: passage under suspension typically indicates leadership‑blessed, low‑controversy items capable of clearing two‑thirds — here, it did, 393–16. That pattern, plus prior Senate votes on community‑bank relief, points to broad Senate support with a progressive flank likely to oppose. [1]Clerk.House.gov — U.S. House of Representatives Roll Call Votes (Roll 179 entry…

  • Republicans: Strongly favorable to community‑bank regulatory relief; 2018’s S.2155 (Crapo) passed the Senate 67–31 with all Republicans in support — a useful benchmark for expected GOP cohesion here. [2]Senate Democratic Caucus — Roll Call Vote on passage of S.2155 (2018): 67–31
  • Democrats: Expect substantial but not universal support. Moderates who backed S.2155 (e.g., Sen. Mark Warner, a co‑sponsor/advocate then) are likelier yeses; progressive Democrats (e.g., Sen. Elizabeth Warren) have criticized loosening brokered‑deposit rules and may oppose. [3]ABA Banking Journal — Warner: Time is Now to Pass S.2155
  • Independents: Angus King typically aligns with moderates on banking; Bernie Sanders historically aligns with progressives skeptical of deregulatory measures — expect a split mirroring the Democratic caucus division on S.2155. (Inference based on S.2155 coalition.) [4]en.wikipedia.org
  • Interest groups: Supportive — American Fintech Council and ABA coverage back easing custodial/brokered classifications for community banks. Critical — Better Markets and FDIC materials warn brokered/high‑rate funding can raise risk and DIF exposure. [5]American Fintech Council — AFC letter in support of the Community Bank Deposit…
02 · Section

Key legislators to watch

  • Sen. Tim Scott (R‑SC), Chair, Senate Banking: Controls markup pace and packaging; recent committee communications confirm his chairmanship and active docket, suggesting a ready path if leadership prioritizes floor time. [6]Senate Banking Committee (Majority) — Chairman Scott, Senators Lummis, Tillis R…
  • Sen. Mark Warner (D‑VA): Democratic moderate with a record of backing community‑bank relief (championed S.2155); a visible Dem yes would ease coalition management. [3]ABA Banking Journal — Warner: Time is Now to Pass S.2155
  • Sen. Susan Collins (R‑ME): Moderate Republican who supported S.2155 — indicative of likely support here absent unforeseen issue‑specific concerns. [7]CCH / Congressional Record extract — Record Vote Number on S.2155 (shows Collin…
  • Sen. Elizabeth Warren (D‑MA): Progressive lead critic of brokered‑deposit deregulation; likely to organize opposition messaging and amendments. [8]warren.senate.gov
03 · Section

Leadership influence and procedure

  • House posture: Passage on suspension (393–16) is a high‑signal, bipartisan green light to the Senate. [1]Clerk.House.gov — U.S. House of Representatives Roll Call Votes (Roll 179 entry…
  • Committee path: Jurisdiction lies with Senate Banking, Housing, and Urban Affairs; the chair can move a clean markup or fold the bill into a broader community‑bank/housing package already in the Senate’s workflow. [9]Congress.gov — Senate Banking, Housing, and Urban Affairs Committee page
  • Floor gate: Absent unanimous consent, Senate action ultimately needs 60 votes to invoke cloture; that’s the operative hurdle given a likely filibuster threat from the progressive flank. [10]Cornell Law School LII — Cloture | LII / Legal Information Institute
  • Packaging signal: On the House side, related community‑bank bills moved the same day — a pattern the Senate may mirror to conserve floor time. [1]Clerk.House.gov — U.S. House of Representatives Roll Call Votes (Roll 179 entry…
  • Substance anchor: The bill matches Congress.gov’s summary — exempting certain custodial deposits at banks <$10B from brokered‑deposit status up to 20% of liabilities — and includes an FR Act surplus tweak, which is minor and dated (2036). [11]Congress.gov — All Info — H.R. 5317 (119th): Community Bank Deposit Access Act…
04 · Section

Assessment: likely outcome and confidence

Bottom line: With a lopsided House vote, industry backing, and a GOP‑run Banking Committee, HR 5317 is well positioned for Senate passage on a bipartisan vote once floor time is secured. Primary risks are calendar compression, progressive‑led objections on deposit‑risk grounds, and any late‑stage bundling that attracts unrelated controversy. Confidence: high. [12]Bloomberg Law — House Passes Pair of Bills Softening Bank Deposit Restrictions

House yes votes
393votes
House no votes
16votes
HFSC markup
48votes
Senate cloture threshold
60votes
Likelihood of Senate passage
75%
Sources cited
  1. [1] U.S. House of Representatives Roll Call Votes (Roll 179 entry for H.R. 5317) Clerk.House.gov
  2. [2] Roll Call Vote on passage of S.2155 (2018): 67–31 Senate Democratic Caucus
  3. [3] Warner: Time is Now to Pass S.2155 ABA Banking Journal
  4. [4] en.wikipedia.org
  5. [5] AFC letter in support of the Community Bank Deposit Access Act (H.R. 5317) American Fintech Council
  6. [6] Chairman Scott, Senators Lummis, Tillis Release Market Structure Bill Text Ahead of Banking Committee Markup Senate Banking Committee (Majority)
  7. [7] Record Vote Number on S.2155 (shows Collins ‘Yea’) CCH / Congressional Record extract
  8. [8] warren.senate.gov
  9. [9] Senate Banking, Housing, and Urban Affairs Committee page Congress.gov
  10. [10] Cloture | LII / Legal Information Institute Cornell Law School LII
  11. [11] All Info — H.R. 5317 (119th): Community Bank Deposit Access Act of 2025 Congress.gov
  12. [12] House Passes Pair of Bills Softening Bank Deposit Restrictions Bloomberg Law
  13. [13] Better Markets: The FDIC Should Close its Brokered Deposits Loopholes, Not Wait Until the Next Crisis Better Markets

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