[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5294 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5294

To amend title 49, United States Code, to require all railroad freight 
    cars operating on the United States general railroad system of 
transportation to meet certain manufacturing and content requirements, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 6, 2026

   Ms. Ernst introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to require all railroad freight 
    cars operating on the United States general railroad system of 
transportation to meet certain manufacturing and content requirements, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keeping China Off the Rails Act of 
2026''.

SEC. 2. AMENDMENTS TO REQUIREMENTS FOR RAILROAD FREIGHT CARS PLACED 
              INTO SERVICE IN THE UNITED STATES AND TRANSPORTING 
              DEPARTMENT OF DEFENSE CARGO.

    Section 20171 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (5) through (12), 
                as paragraphs (6) through (13), respectively; and
                    (B) by inserting after paragraph (4) the following:
            ``(5) Department of defense cargo.--The term `Department of 
        Defense cargo' means the movement of goods by a rail carrier 
        arranged for, by, or on behalf of any of the Armed Forces, as 
        defined in section 101 of title 10.'';
            (2) in subsection (b)(1) by striking ``A railroad'' and 
        inserting ``Except as required in subsection (d), a railroad'';
            (3) in subsection (c)(3)(B) by striking ``Association of 
        American Railroad's Umler system'' and inserting ``Association 
        of American Railroads' Umler system''; and
            (4) by adding at the end the following:
    ``(d) Requirements for Railroad Freight Cars Transporting 
Department of Defense Cargo.--For railroad freight cars transporting 
Department of Defense cargo, only the requirements of subparagraphs (A) 
and (B) of subsection (b)(1) shall apply and such requirements shall 
apply as follows:
            ``(1) For the 1-year period beginning on the date of 
        enactment of the National Defense Authorization Act for Fiscal 
        Year 2027, a railroad freight car produced during the 2-year 
        period immediately prior to such date of enactment.
            ``(2) For the 1-year period beginning 1 year after such 
        date of enactment, a railroad freight car produced during the 
        5-year period immediately prior to such date of enactment.
            ``(3) For the 1-year period beginning 2 years after such 
        date of enactment, a railroad freight car produced during the 
        10-year period immediately prior to such date of enactment.
            ``(4) For the 1-year period beginning 3 years after such 
        date of enactment, a railroad freight car produced during the 
        15-year period immediately prior to such date of enactment.
            ``(5) On and after the date that is 4 years after such date 
        of enactment, a railroad freight car.
    ``(e) Exception.--Notwithstanding subsection (d) the requirements 
of subparagraphs (A) and (B) of subsection (b)(1) shall not apply if--
            ``(1) the railcar is used for transporting Department of 
        Defense cargo for clandestine purposes and reasonably believed 
        to be unknown to a country of concern; or
            ``(2) the railroad freight car owner has not been notified 
        in advance of Department of Defense cargo being shipped in the 
        railroad freight car.''.
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