S. 5294

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.
 II  119th CONGRESS  2d Session  S. 5294  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.
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.
 .