Designating the Russian Federation as a State Sponsor of Terrorism Act
- Bill Number
- H.R. 5797
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- International Affairs
- Status
- Introduced
- Latest Action
- 2025-10-21: Referred to the House Committee on Foreign Affairs.
- Last Updated
- 2026-04-21T08:05:36Z
AI-Generated Summary
Purpose
This legislation aims to designate the Russian Federation as a state sponsor of terrorism due to its actions in Ukraine, particularly the kidnapping, deportation, and forced displacement of Ukrainian children since the 2022 invasion. The designation would only be avoided if the U.S. Secretary of State certifies that these children have been safely reunited with their families and reintegrated into Ukrainian society.
Key Provisions
- Findings Section: Outlines Russia's aggression in Ukraine, including estimates of over 648 children killed, 2,047 wounded, and 19,546 kidnapped or displaced. It accuses Russia of "Russification" efforts, such as re-education camps and military training for these children, which Congress deems acts of international terrorism under U.S. law (defined as violent acts intended to intimidate civilians, influence governments, or involve kidnapping, occurring outside U.S. jurisdiction).
- Certification Requirement (Section 3): Within 60 days of the Act's effective date, the Secretary of State must report to Congress on whether kidnapped Ukrainian children have been reunited with families in a secure environment and if their reintegration into Ukrainian society has begun. If certification cannot be made, the Secretary must immediately designate Russia as a state sponsor of terrorism under existing laws, including:
- The National Defense Authorization Act for Fiscal Year 2019 (related to export controls).
- The Arms Export Control Act (banning arms sales to sponsors).
- The Foreign Assistance Act of 1961 (prohibiting foreign aid to sponsors).
- Rescission Process (Section 4): The designation can be lifted at least 45 days after the Secretary certifies to Congress that Russia has ceased supporting international terrorism for the prior three months, provided assurances against future support, and ensured all affected children are reunited and reintegrated.
- Effective Date (Section 5): The Act takes effect one day after enactment.
Significant Changes to Existing Law
This bill does not amend existing statutes but mandates the use of current legal frameworks for designating state sponsors of terrorism. It introduces a conditional trigger tied specifically to the Ukraine conflict, compelling the executive branch (Secretary of State) to act unless humanitarian conditions are met. Currently, state sponsors include Cuba, North Korea, Iran, and Syria; adding Russia would expand this list for the first time since 1989 (when Iraq was delisted).
Potential Impacts
- On Government Agencies: The U.S. Department of State would face immediate reporting and certification duties, potentially leading to expanded sanctions administration by the Departments of Treasury, Commerce, and Justice. This could increase workload in monitoring compliance and enforcing restrictions on trade, finance, and travel.
- On Citizens: Ukrainian families and children affected by kidnappings may benefit from heightened international pressure for repatriation. U.S. citizens or businesses with ties to Russia could face indirect effects through broader economic sanctions, such as restricted investments or travel bans.
- On International Relations: Designating Russia could intensify U.S.-Russia tensions, limit diplomatic engagement, and signal stronger U.S. support for Ukraine. It might encourage allied nations (e.g., NATO members) to impose similar measures but risks retaliatory actions from Russia, affecting global energy markets, security cooperation, or ongoing peace talks.
Main Stakeholders Affected
- Ukrainian Government and Citizens: Primary beneficiaries through potential child repatriation efforts and reinforced U.S. backing against Russian actions.
- Russian Government and Officials: Directly targeted by the terrorism designation, facing new sanctions, arms embargoes, and diplomatic isolation.
- U.S. Government (Executive and Legislative Branches): Congress asserts influence over foreign policy; the State Department must implement and monitor the designation.
- International Community: Includes child rights organizations (e.g., those tracking deportations), humanitarian groups aiding Ukraine, and global businesses impacted by sanctions on Russia.
- Affected Children and Families: Over 19,000 Ukrainian children and their guardians, whose safe return is the bill's core condition.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Relies on the U.S. Code's definition of international terrorism (18 U.S.C. § 2331), framing child kidnappings as prosecutable acts if occurring in U.S. jurisdiction. The designation would automatically invoke over 30 U.S. laws imposing sanctions, but it could face legal challenges if Russia contests the terrorism classification in international courts (e.g., under the Geneva Conventions on war crimes).
- Constitutional Implications: Balances executive foreign policy authority with congressional oversight, as the bill directs the Secretary of State without needing presidential approval for designation. This aligns with Congress's war powers but could test separation of powers if the executive delays certification.
- Political Implications: Builds on prior bipartisan Senate resolutions (e.g., S. Res. 623 and 546 in the 117th Congress) condemning Russia, potentially unifying U.S. politics on Ukraine support. However, it escalates the conflict's framing from "war crimes" to "state-sponsored terrorism," which may complicate neutral diplomacy or negotiations while bolstering U.S. credibility on human rights.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Fitzpatrick, Brian K. [R-PA-1]
Cosponsors (9)
Rep. Keating, William R. [D-MA-9], Rep. Turner, Michael R. [R-OH-10], Rep. Suozzi, Thomas R. [D-NY-3], Rep. Bacon, Don [R-NE-2], Rep. Doggett, Lloyd [D-TX-37], Rep. Goldman, Daniel S. [D-NY-10], Rep. Gillen, Laura [D-NY-4], Rep. Vindman, Eugene Simon [D-VA-7], Rep. Titus, Dina [D-NV-1]
Recent Actions
- 2025-10-21: Referred to the House Committee on Foreign Affairs.
- 2025-10-21: Introduced in House
- 2025-10-21: Introduced in House
Bill Versions
- Designating the Russian Federation as a State Sponsor of Terrorism Act — issued 2025-10-21 — PDF (8 pages)