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Can Congress Block Trump’s Russian Diesel Deal? 4 Routes and What Each Takes

Can Congress block Russian diesel imports that Treasury opened the door to on Friday, Oct. 9? Lawmakers in both parties say they want to, and by Saturday, Oct. 10, Republican Rep. Brian Fitzpatrick had announced a bill to do it. Wanting to stop the license and having a mechanism that can stop it are different things, and each tool Congress has comes with its own vote threshold, waiting period and, in the end, a president who can say no.

Where it stands: Fitzpatrick’s bill had been announced but, as of RFE/RL’s Oct. 11 report, had one named co-sponsor, Rep. Don Bacon, and no Democratic sponsor. RFE/RL added that lawmakers are not due back for floor votes for several weeks, and that this Congress’s term runs out in January.

Route 1: Fitzpatrick’s bill and a discharge petition

Fitzpatrick, a Pennsylvania Republican who co-chairs the House Ukraine Caucus, is calling his bill the Ronald Reagan Peace Through Strength Act. On X he wrote: “We will be introducing bipartisan legislation to block any and all purchases of Russian oil,” and “It will be forced to the Floor via discharge and it will pass overwhelmingly.”

That second line is the tell. A discharge petition is how House members get around a Speaker or committee chair who will not schedule a vote. CNN described Fitzpatrick’s plan as collecting “the at least 218 signatures needed to bring a bill to the floor.”

The rules make this slow by design. According to House Practice, the procedural guide published by the Government Publishing Office, a petition can be filed only on a bill that has already sat in committee: the timetable starts with the “Expiration of 30 legislative days after the measure is referred to committee.” A legislative day starts each time the House convenes after an adjournment, so weeks without sessions do not advance the count.

Signatures then have to reach a majority of the whole House. The guide states the requirement means “the signatures of a majority of the entire membership, or 218 Members.” The Clerk publishes who has signed each week, so every member’s choice becomes public.

Even a full petition does not produce an instant vote. “When the motion has been on the calendar for seven legislative days, it may be called up in the House under the discharge rule on the second or fourth Monday of a month,” the guide says. Fitzpatrick, CNN noted, is in a tough reelection race in a district Kamala Harris carried in 2024, so the fight would play out on top of his own campaign.

Route 2: The 2022 law’s joint resolution of disapproval

Former Rep. Tom Malinowski pointed to a faster lane written into the 2022 Ending Importation of Russian Oil Act. “Under this law, House and Senate Democratic leaders can introduce a ‘Joint Resolution of Disapproval’ to prevent the purchase of Russian oil, which Congress then has to vote on in an expedited manner,” he wrote, adding: “Schumer and Jeffries should do so ASAP.”

The statute does contain that fast track. A committee that sits on such a resolution is automatically discharged after a fixed period; in the House, the text says the committee “shall be discharged from further consideration thereof” if it has not acted “within 10 legislative days after the date of referral.” In the Senate, the motion to take it up is in order “Notwithstanding Rule XXII of the Standing Rules of the Senate,” the rule that governs filibusters.

The catch is what triggers it. The law lets the president lift the ban only “if the President submits to Congress a certification,” and the disapproval resolution is aimed at that certification. Termination takes effect “90 calendar days after the date of submission of such certification, unless there is enacted into law during such 90-day period a joint resolution of disapproval.”

Critics say the administration never started down that path. Rep. Lloyd Doggett, the 2022 law’s sponsor, says of the certification, consultation and report it requires: “None of these steps has occurred, and none of the conditions has been met.” The senators who signed the Oct. 11 statement made a similar complaint, Reuters reported. No source reviewed for this article reports that a certification was sent, and without one it is unclear whether the expedited resolution has anything to attach to. RFE/RL put it plainly: whether the 2022 law covers the new arrangement “remains a key question.” Our walk-through of the 2022 law covers the full text, and our legal analysis sets out both sides’ arguments.

Note also that the statute requires the resolution to be enacted. A disapproval resolution is a joint resolution, which goes to the president like any bill.

Route 3: Review provisions in the 2026 Graham Act

The Lindsey O. Graham Sanctioning Russia and Iran Act, signed in September, includes its own review clock. If the president formally ends a sanction, restriction or duty under that title, the termination is frozen for a review window: “During the period of 30 calendar days beginning on the date on which the President submits a report,” it “shall not take effect.” Congress can use that window for a disapproval resolution, but in the Senate, approval requires “the affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn.”

A presidential waiver under the act also leaves a paper trail: “a certification in writing that the issuance of the waiver is in the national interests of the United States” plus “a report explaining the basis for the certification.” No source reviewed for this article says whether any such certification or report was sent for the diesel license.

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The bigger obstacle is a sentence that cuts the other way. The act says nothing in it affects “the authority of the Secretary of the Treasury to extend or issue new general licenses.” In an analysis for clients, Akin Gump said the clause preserves OFAC’s power to issue, extend or modify general licenses “without congressional review (Section 114).” A general license like the diesel one may therefore sit outside the act’s review machinery, though the firm also predicted that the review mechanism for formal terminations “could create political pressure for the administration.” Our guide to the Graham Act’s Oct. 18 deadline explains the rest of that law.

Route 4: The power of the purse

Congress’s oldest lever is money. The Constitution says “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law,” so lawmakers can write limits into spending bills that bar agencies from using funds for a given purpose.

Whether a rider would reach this deal depends on facts nobody has supplied. A funding limit governs federal money, and when AP put the question of who would pay for the fuel to the White House, it gave no immediate answer. If private traders buy and import the fuel under the license, a rider aimed at agency spending might not touch those transactions. No report we reviewed mentions a rider being drafted.

Can Congress block Russian diesel? What each route needs

Route What it needs Status
Fitzpatrick bill + discharge 218 House signatures, then Senate passage and a signature or veto override Announced Oct. 10
2022 law disapproval A presidential certification to attach to No certification reported
Graham Act review A formal termination report; three-fifths in the Senate License power preserved (Sec. 114)
Spending rider A must-pass funding bill None reported

All four share a final step. RFE/RL noted that any bill would need Senate approval and “could face White House opposition.” Under the Constitution, a vetoed bill becomes law only if “two thirds of that House shall agree to pass the Bill” in each chamber.

The spring precedent: a bill that never moved

Congress has been here before this year. After Treasury eased sanctions on Russian crude cargoes in March, Democratic Reps. Meeks and Keating introduced the End Russian Oil Windfalls Act, H.R. 8222, to nullify two of those general licenses. The bill was referred to the Foreign Affairs Committee, and no source reviewed for this article shows it advancing.

The difference now is who is objecting. That bill had two Democratic sponsors; this time Republicans are among the loudest objectors, as our report on the GOP senators breaking with Trump details. The clock still favors the license: NBC quoted the Treasury document as authorizing Russian diesel transactions through “12:01 a.m. eastern daylight time, April 7, 2027,” months after this Congress ends in January.

Frequently Asked Questions

Can Congress block Trump’s Russian diesel deal?

Only by passing something both chambers agree on and getting it past the president. Every route discussed so far, from a new bill to a resolution of disapproval, ends with a measure Trump can veto, and overriding a veto takes two-thirds of the House and the Senate.

What is a discharge petition and how many signatures does it need?

It is a House procedure that lets a majority of members force a floor vote on a bill that leadership or a committee will not move. It needs signatures from a majority of the full House, which is 218 members, and the bill must first sit in committee for 30 legislative days.

Has Fitzpatrick filed his bill to block Russian oil purchases?

As of the latest reporting reviewed for this article, he had announced the Ronald Reagan Peace Through Strength Act on Oct. 10 with Rep. Don Bacon as a co-sponsor. RFE/RL said no Democratic sponsor had been named yet.

Does the 2022 Russian oil ban let Congress vote down the diesel license?

Its expedited disapproval process only kicks in after the president certifies that Russia has met the law’s conditions. Critics including Rep. Lloyd Doggett say no certification or other required step has happened, so it is unclear whether that procedure can be used at all.

When does the Russian diesel license expire?

Treasury’s license runs until April 7, 2027, expiring one minute after midnight Eastern daylight time that day, according to the document as quoted by NBC News.

Sources


This article is news reporting and analysis based on the public sources listed above, as they stood on the dates shown. Where officials, lawmakers or analysts disagree, including on whether an action is lawful, their positions are attributed to them; Donald Trump Class Action is not a court and nothing here is legal advice. Facts in a developing story can change.

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