President Trump set aside most of the Graham Act’s Russia sanctions with an executive order dated Oct. 16, less than a month after he signed the law. Lawmakers in both parties objected, but the statute’s own text points to a hard answer on whether a Graham Act congress override is available: the fast-track disapproval vote Congress wrote into the law applies to terminations, not to the waiver power Trump used.
Where it stands: None of the bills filed through Oct. 26 that we reviewed would reverse the waiver itself. The measures filed since Oct. 16 target Russian energy imports and Treasury licenses. Roll Call called them “the first legislative responses in Congress” to this month’s Russia decisions. The AP reported that the House and Senate are in recess until after the Nov. 3 election, and that action before members return is unlikely.
The waiver came a week before the Financial Times and New York Times reported former Polar LNG chief Joel Riddle’s allegation that Russia’s Novatek was secretly financing his Alaska gas venture. Polar LNG says its work is “in full compliance with applicable US laws.” Novatek denied that its involvement depended on sanctions relief, and no U.S. authority has found any wrongdoing. That story is in our Polar LNG report.
The waiver power Trump used: Section 115
Section 115 of the act is short. It says the president “may, subject to subsection (b), waive the application of any sanctions provision with respect to a foreign person, any restriction with respect to a person, or any duty under this title.”
Subsection (b) is the only string attached. “Before issuing a waiver under subsection (a), the President shall submit to Congress” two things: a written certification that the waiver serves “the national interests of the United States” and a report explaining why. The report “shall be submitted in unclassified form but may include a classified annex.”
There is no waiting period in Section 115, no vote and no disapproval resolution. Executive Order 14436 states: “I have submitted to the Congress a certification that the issuance of such a waiver at this time is in the national interests of the United States.” Fox News reported that the certification said enforcing the penalties now “would impede ongoing U.S. efforts to negotiate a durable and comprehensive peace.” No source reviewed shows the full report has been made public.
The review clock Congress did write: Section 117
The drafters built a congressional check, but they attached it to a different act: formally ending sanctions. Under Section 117, a president can terminate Russia sanctions only by certifying that Russia has “signed a peace agreement that is accepted by the free and independent Government of Ukraine” and stopped hostilities.
A termination then waits. “During the period of 30 calendar days beginning on the date on which the President submits a report,” the text says, “the termination shall not take effect.” The window stretches to 60 days for reports sent between July 10 and Sept. 7. During it, only party leaders, or their designees in the Senate, may introduce a disapproval resolution; in the House the text says “by the majority leader or the minority leader.”
The fast track is tight. A committee must report the resolution “not later than 10 calendar days after the date of referral” or be discharged from it. House debate is capped at two hours. In the Senate, consideration “shall not exceed a total of 10 hours,” and passage requires “the affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn.”
The law firm Paul, Weiss wrote after enactment that, because the sanctions had become statutory, “unwinding them requires presidential certification and congressional review.” That holds for terminations. The Oct. 16 order did not terminate anything. It waived, and its list of waived provisions ends with “and 117 of the Graham Act.” ABC News described that step as waiving the peace-deal termination section, “while Congress remained empowered to block a potential termination.”
| Tool | Reaches the Oct. 16 waiver? | What it takes |
|---|---|---|
| Sec. 117 disapproval | No, terminations only | 3/5 of the Senate, enacted into law |
| New legislation | Yes, if written to | Both chambers plus a signature |
| Veto override | Yes | Two-thirds of each chamber |
| Bills filed so far | Aimed at diesel and licenses | Referred to committees |
Is a Graham Act congress override possible?
Only the ordinary way. Congress can pass a new law that strips or limits the waiver authority, or that imposes the sanctions directly. Trump would have to sign it. If he vetoed it, the Constitution requires that “two thirds of that House shall agree to pass the Bill” in each chamber.
The original votes were lopsided. Sen. Thom Tillis, a North Carolina Republican, asked on social media: “What part of enforcing a law passed 86-11 by the Senate does the President and his advisors not understand?” In the House, which passed the bill on Sept. 16, Rep. Thomas Massie said he was “one of only 7 republicans to vote against” it, and he welcomed the waiver.
Supporting a sanctions bill and overriding a president are different votes, though. CNBC noted that Trump’s party “holds a narrow majority in both chambers of Congress.” Sen. Shelley Moore Capito, a West Virginia Republican, told Fox that “This was an act of Congress that we had worked with the White House on.” In the coverage reviewed, Republican critics of the waiver, Capito among them, had not proposed legislation to reverse the order itself; Fitzpatrick’s bill, below, targets diesel. Hal Brands of the American Enterprise Institute told Fox that “It’s really tough to craft a sanctions or tariffs bill that forces the president to do something.”
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What lawmakers have proposed since Oct. 16
Rep. Gregory Meeks of New York, the top Democrat on House Foreign Affairs, introduced the Prohibit Corrupt Russia Oil Deals Act on Oct. 16, the Kyiv Independent reported. It targets the diesel arrangement: it “nullifies the general licenses issued by the Treasury Department and prohibits any future licenses,” and it had 17 co-sponsors, all Democrats except Rep. Don Bacon. Roll Call described it as legislation that “would undo Trump’s easing of energy sanctions on Russia.” The day after the waiver, Meeks said “Congress is not helpless,” the AP reported.
Rep. Brian Fitzpatrick, a Pennsylvania Republican, filed the Ronald Reagan Peace Through Strength Act with Bacon and Democratic Rep. Marie Gluesenkamp Perez. RFE/RL reported that it would void the Oct. 9 Treasury diesel waiver, bar future waivers under the 2022 Russian oil import ban and require intelligence support for Ukraine. “The bill has been referred to three House committees for consideration,” RFE/RL said. Bacon told the outlet: “Congress must be a check to the president’s egregious appeasement to Putin.”
Neither bill, as described in that coverage, rewrites Section 115 or reverses the Oct. 16 order. Sen. Elizabeth Warren “urged her colleagues to take action to reverse course,” the AP reported, without naming a bill. The diesel-focused routes are explained in our earlier guide, Can Congress Block Trump’s Russian Diesel Deal?, and Alaska senators’ positions are in our Dan Sullivan report.
The calendar works against a quick reversal
The order leaves the waivers open-ended. They “shall remain in effect until such time as the President or the Secretary of State” decide that “further action is appropriate,” in consultation with Treasury and the trade representative. White House spokeswoman Taylor Rogers has said the president can use the authorities at any time. Our waiver explainer lists each section that was switched off.
Congress, meanwhile, is away. The AP wrote that “The next steps are highly uncertain” with both chambers on recess until after Election Day. The statute has its own end date: the Russia division “shall terminate on the date that is 5 years after the date of the enactment of this Act,” which would be September 2031.
Frequently Asked Questions
Can Congress overturn Trump’s Graham Act waiver?
Not through the law’s own fast track. The Graham Act’s joint resolution of disapproval in Section 117 applies to terminations of sanctions, while the October 16 order relied on the separate waiver power in Section 115, which requires only a certification and a report to Congress. Reversing the waiver would take new legislation that Trump signs, or a veto override by two-thirds of both chambers.
What does the Graham Act require before a president waives sanctions?
Section 115 says the president must first send Congress a written certification that the waiver is in the national interest and a report explaining the basis for it. The report must be unclassified but may include a classified annex. The executive order says both were submitted.
How many votes would it take to override a veto?
Under the Constitution, two-thirds of each chamber. The Senate passed the Graham Act 86-11, according to Sen. Thom Tillis, but lawmakers who voted for sanctions have not all said they would vote to overrule the president, and no override vote is pending.
Has any bill been introduced to reverse the Graham Act waiver?
In the coverage reviewed through October 26, the bills filed after the waiver were aimed at Russian energy imports and Treasury licenses, not at the Graham Act waiver itself. Rep. Brian Fitzpatrick’s bill would void the October 9 diesel waiver, and Rep. Gregory Meeks’s bill would nullify the related Treasury general licenses.
When could Congress act?
Congress was in recess until after the November 3 election, the Associated Press reported, making action unlikely before lawmakers return. The waivers stay in force until the president or the secretary of state decides further action is appropriate.
Sources
- H.R. 5334 (enrolled) — Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 — U.S. Government Publishing Office (govinfo), September 2026
- Implementing the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 (Executive Order 14436) — The White House, October 16, 2026
- The Constitution of the United States: A Transcription — National Archives, accessed October 26, 2026
- Trump signs order waiving Graham Act sanctions on Russia — ABC News, October 17, 2026
- President Signs Bipartisan Russia and Iran Sanctions Bill Into Law: Key Provisions of the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 — Paul, Weiss, Rifkind, Wharton & Garrison LLP, September 2026
- Trump’s decision to waive Russian sanctions outrages Congress, but no quick counter seen — PBS News (Associated Press), October 17, 2026
- Bills aimed at rebuffing Trump’s Russia waivers filed in House — Roll Call, October 23, 2026
- Bipartisan US Lawmakers Push Back On Trump’s Russia Policy, Vow Support For Ukraine — Radio Free Europe/Radio Liberty, October 24, 2026
- US lawmaker introduces bill blocking Trump’s Russian diesel deal — The Kyiv Independent, October 2026
- Trump withholds Russia sanctions amid Republican criticism over peace talks — Fox News, October 2026
- Trump waives broad new Russia sanctions, Zelenskyy condemns it as ‘wrong’ — CNBC, October 17, 2026
- Former CEO: Russian Firm Backed Alaska Gas Venture — Newsmax via Yahoo News (citing the Financial Times), October 24, 2026
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.