What Happened?

The Senate passed a bill on Aug. 7 that would require the president to slap tariffs of up to 500 percent on Russian oil, gas, coal, and related energy products within 30 days of the law taking effect. Now a report published Sept. 3 by the Congressional Research Service (CRS), the nonpartisan research arm of Congress, warns the Graham Sanctioning Russia Iran Act of 2026 contains legal gaps that could tie up enforcement in court.

The bill also lets the president impose secondary tariffs of up to 100 percent on imports from the five countries that buy the most Russian crude oil or natural gas, and on the five countries most involved in helping Russia dodge existing sanctions.

Why Does it Matter to Me?

Those secondary tariffs could land on major U.S. trading partners, not just Russia. That means goods Americans buy from those countries could get more expensive if the tariffs take effect.

The CRS report flags a timing problem baked into the bill. The president must act within 30 days of the law passing, but the rule for which countries qualify for secondary tariffs only kicks in after that same 30-day window closes. The report says the deadline for presidential action expires at the exact moment the eligibility test begins, leaving no clear window for the law to work as written.

Both Sides, Now

Congress backed tougher economic penalties on Russia, and the bill passed the Senate with that goal. Supporters say the tariff authorities give the president the tools to pressure Russia and punish countries that help it evade sanctions.

Critics, including Rep. Gregory Meeks (D-NY) and Rep. Don Beyer (D-VA), say the bill hands the president broad, loosely defined power that could be used against U.S. allies. The CRS report adds to those concerns, noting the bill gives the president wide discretion to pick which countries qualify as top sanctions evaders, with no objective standard written into the law.

The report also points out that presidential actions under the bill would get more favorable treatment in court than actions taken by the United States Trade Representative (USTR). USTR decisions face standard legal review under the Administrative Procedure Act, the federal law governing how agencies make rules. Presidential decisions under this bill may face little or no judicial review at all.

What Happens Next?

The bill passed the Senate but still needs to clear the House before it can go to the president to be signed into law. If the House passes it, the president would have 30 days to impose the initial tariffs on Russian energy. The legal ambiguities the CRS identified would not stop the law from taking effect, but they could invite court challenges that slow or limit enforcement.

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