Congress four years ago passed the Ending Importation of Russian Oil Act, which prohibits U.S. imports of Russian-origin energy products covered by Chapter 27 of the Harmonized Tariff Schedule, including diesel. Democratic Rep. Lloyd Doggett of Texas, the bill's chief sponsor, argued Monday that Trump is “directly violating that law” by “lifting sanctions to permit the first Russian diesel imports into the United States since the law took effect, without satisfying the specific legal conditions it requires.”
“Russia can [now] export fossil fuel to the U.S. after Trump violated the specific provisions of a federal statute,” Doggett said on Tuesday in a statement to TIME. “While offering little benefit for Americans, this unlawful action will provide substantial new funding for Putin‘s war machine to continue murdering Ukrainian civilians.”
Tillis was one of seven Senators who publicly urged the Administration on Sunday to “immediately reverse course” on the agreement announced Friday, arguing that it goes against the 2022 law.
“President Trump’s decision to allow Russian diesel imports to the U.S. runs directly counter to that law. The Administration has also failed to consult with Congress or submit any explanation to justify its decision as required by statute,” they said.
"Well, I think these are Republicans that can't really be serious," he told reporters at the White House. “Anything that could help our farmers, our ranchers, I like.”
While some lawmakers also predict the impact on American consumers will be slight, the key sticking point for many centers on whether Trump’s diesel deal with Putin violates the 2022 law, with some Republicans and Democrats insisting that Trump is pushing the limits of presidential authority. Here’s what to know about the debate—and where legal experts stand on the matter.
“In many sanctions authorities, the President has broad authority to waive imposition of the sanctions or to issue licenses that basically provide an exception to the sanctions,” she tells TIME. “The [2022 act] is an unusual law, given how careful and specific Congress was in providing that the President lacks that flexibility.”
Lawmakers have argued that the Administration has failed to follow this process.
The law requires a determination by the President to Congress that the Russian Federation has withdrawn and ceased hostilities accepted by Ukraine; poses no immediate threat to any NATO member; and recognizes the right of the Ukrainian people to freely and independently choose their own government.
Even if all these conditions were met, the legislation would still require the President to wait an additional 90 days before the termination of the import ban could take effect, during which, Congress could enact a joint resolution of disapproval.
Edward Swaine, a research professor at George Washington University Law School, suggests these restrictions were put in place to ensure that “when the President and the Treasury Secretary decide that circumstances have changed, they go back and explain this to Congress, and give it notice so that it can disagree.”
“They don't want the President to be able to change this regime on a whim, and so I imagine Congress looking at this action and justifiably thinking that this is inconsistent,” he adds.
Treasury says the diesel deal is being carried out within the legal authorities
“We’re doing it with all the legal authorities we have, so anyone in Congress who says that—whether it’s an old bill or the current Lindsey Graham bill—prohibits us from doing it, is wrong,” he told Fox News on Sunday, without elaborating on which legal authorities he was referring to.
Swaine says that the Administration could argue that “the general license isn't [a] termination of the statutory prohibition; it's a suspension.”
Responding to claims on social media that Bessent and the White House had broken the law, the Office of the Under Secretary for Terrorism and Financial Intelligence, part of the Treasury, insisted that the Administration had followed established procedures.
The OFAC permitted transactions involving Russian oil and petroleum products already loaded on vessels, including from vessels previously under U.S. sanctions, to Indian ports in March; the office had also allowed the entry of specified diamonds in August that had been outside Russia before set cutoff dates under a previous Executive Order.
How Congress could challenge Trump's diesel deal
Lawmakers could pursue congressional oversight and other political measures to challenge the Administration’s decision.
However, experts tell TIME what Congress is able to do may be limited to more of a symbolic display rather than anything that can move the needle.
“There's limited ability of Congress to do much besides pass legislation and politically enforce that,” says Swaine, suggesting that methods such as “withholding money, appropriations, and hearings” could be used if the situation escalated to that point.
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