S. 5294 – Keeping China Off the Rails Act of 2026

AI-Generated Summary

Updated August 13, 2026 at 3:02 AM UTC

The Keeping China Off the Rails Act of 2026 changes federal railroad safety rules to set specific manufacturing and content standards for freight cars that operate on U.S. railroads, especially those carrying Department of Defense (DoD) cargo. It creates a schedule that requires newer cars for DoD shipments over the first four years after the law takes effect, then applies the standards to all cars thereafter. The bill also defines what counts as DoD cargo and adds limited exceptions for secret shipments or when the railcar owner was not warned in advance.

Key Provisions

Adds a definition of “Department of Defense cargo” as goods moved by rail for the Armed Forces.
Sets phased age requirements for freight cars transporting DoD cargo: cars must be produced within 2, 5, 10, then 15 years of the enactment date for the first four one‑year periods, and any car thereafter.
Limits the applicable safety and content rules for DoD cargo cars to two specific sub‑requirements, rather than the full set of standards that apply to other freight cars.
Creates two narrow exceptions: the rules don’t apply if the car is used for clandestine DoD shipments unknown to a foreign country of concern, or if the car’s owner wasn’t notified in advance that DoD cargo would be loaded.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Commerce, Science, and Transportation.

Commerce, Science, and Transportation Committee

August 6, 2026

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SenateIntro Referral

Introduced in Senate

August 6, 2026

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation.

Commerce, Science, and Transportation Committee

August 6, 2026

Bill Text

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Introduced in SenateIssued August 6, 2026

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.

.