119 S5294 IS: Keeping China Off the Rails Act of 2026 U.S. Senate 2026-08-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II119th CONGRESS2d SessionS. 5294IN THE SENATE OF THE UNITED STATESAugust 6, 2026Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo 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.

1.

Short title

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

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..