Designating the Russian Federation as a State Sponsor of Terrorism Act

Bill Number: S. 2978
Origin Chamber: Senate
Congress: 119th Congress, Session 1
Policy Area: International Affairs
Status: Introduced
Latest Action: 2025-10-30: Placed on Senate Legislative Calendar under General Orders. Calendar No. 246.
Last Updated: 2026-04-15T14:09:15Z

AI-Generated Summary

Purpose

This legislation aims to designate the Russian Federation as a state sponsor of terrorism under U.S. law, unless the Secretary of State certifies that Russia has addressed specific harms from its invasion of Ukraine and ceased related aggressive actions. The goal is to hold Russia accountable for actions Congress deems as supporting international terrorism, such as the kidnapping of Ukrainian children and attacks on civilians.

Key Provisions

Findings Section: Congress outlines Russia's actions since its February 2022 invasion of Ukraine, including the estimated killing or wounding of over 2,600 Ukrainian children, the kidnapping or deportation of at least 19,546 children (aimed at erasing their Ukrainian identity through "Russification" via re-education camps and military training), and sabotage or assassination plots in Europe. It references U.S. legal definitions of international terrorism (violent acts intended to coerce populations or governments, occurring outside U.S. borders) and prior Senate resolutions condemning these acts.

Designation Requirement (Section 3): Within 60 days of the Act's effective date, the Secretary of State must report to Congress certifying whether:
All kidnapped, deported, or forcibly removed Ukrainian children since February 2022 have been safely reunited with their families or guardians.
The full reintegration of these children into Ukrainian society has begun.
Russia has stopped attacks on European civilian infrastructure, assassination attempts on political targets, and all assaults on Ukrainian civilians or infrastructure.

If the Secretary cannot certify all three conditions, Russia must be immediately designated as a state sponsor of terrorism under key U.S. laws, including the Arms Export Control Act (restricting arms sales), the Foreign Assistance Act (barring most aid), and the National Defense Authorization Act (imposing export controls).

Rescission Process (Section 4): The designation can be lifted at least 45 days after the Secretary certifies to Congress that Russia has not supported terrorism for the prior three months, provided future assurances against it, and met the child reunion and reintegration conditions.

Asset Limitation (Section 5): Blocked or frozen Russian government assets (as defined under the REPO for Ukrainians Act) cannot be seized by U.S. courts to enforce judgments against Russia stemming from this terrorism designation. However, this does not prevent terrorism victims from seeking compensation through other legal avenues.

Effective Date (Section 6): The Act takes effect one day after enactment.

Significant Changes to Existing Law

This bill mandates an automatic designation process tied to specific, verifiable conditions (e.g., child repatriation and cessation of attacks), which is more prescriptive than the discretionary authority typically held by the Secretary of State under existing terrorism designation laws (e.g., sections 40 and 620A of the Arms Export Control Act and Foreign Assistance Act).
It introduces a conditional trigger for rescission, requiring both behavioral assurances and resolution of Ukraine-specific harms, narrowing the flexibility of prior designations.
The asset protection clause adds a safeguard against using frozen Russian assets for terrorism-related lawsuits, modifying how sanctions interact with civil judgments without altering core sanction frameworks.

Potential Impacts

Government Agencies: The U.S. Department of State would face immediate reporting and certification duties, potentially straining resources for monitoring Russia's actions. Other agencies (e.g., Treasury for sanctions enforcement, Commerce for export controls) would implement heightened restrictions on dealings with Russia.
Citizens: Ukrainian children and families could benefit indirectly if the designation pressures Russia to return kidnapped minors, though reintegration challenges may persist. U.S. and European civilians might see reduced sabotage risks if attacks cease, but everyday trade or travel involving Russia could become more restricted.
International Relations: Designation would escalate U.S.-Russia tensions, signaling strong support for Ukraine and NATO allies amid Europe's reported 110+ Russian-linked incidents (2022–2025). It could unify Western sanctions but risk Russian retaliation, such as energy disruptions or cyberattacks, affecting global stability.

Main Stakeholders Affected

U.S. Government: Congress (overseeing certifications) and the executive branch (State Department leading implementation).
Russian Government: Faces new sanctions, trade bans, and diplomatic isolation as a designated terrorism sponsor.
Ukrainian Government and Citizens: Primary beneficiaries through potential child repatriation and pressure to end attacks; includes families of over 19,000 affected children.
European Nations and NATO: Impacted by Russia's sabotage and infrastructure threats; designation could strengthen collective security but heighten regional risks.
U.S. Businesses and Individuals: Affected by expanded export/import controls and financial restrictions on Russia-related activities.
Terrorism Victims: Protected in seeking alternative compensation, though limited from using certain frozen assets.

Notable Legal, Constitutional, or Political Implications

Legal: Invokes the U.S. Code's definition of international terrorism (18 U.S.C. § 2331), treating Russia's actions (e.g., child kidnappings as coercion via mass displacement) as qualifying. The bill aligns with international humanitarian law violations noted in reports like the UN's May 2025 inquiry on Ukraine war crimes, but the asset limitation could face challenges if seen as shielding foreign sovereigns from U.S. court accountability.
Constitutional: Congress exercises its foreign affairs powers (e.g., under Article I to regulate commerce and declare war implications) by directing executive action, which is permissible but could lead to disputes over separation of powers if the President resists certification.
Political: Builds on unanimous 117th Congress resolutions, signaling bipartisan consensus on Russia policy. It could polarize international alliances, bolstering U.S. credibility with Ukraine/Europe while provoking Russia; failure to meet conditions might force a politically charged designation, influencing U.S. elections or global counterterrorism strategies.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Graham, Lindsey [R-SC]

Cosponsors (3)

Sen. Blumenthal, Richard [D-CT], Sen. Britt, Katie Boyd [R-AL], Sen. Klobuchar, Amy [D-MN]

Recent Actions

2025-10-30: Placed on Senate Legislative Calendar under General Orders. Calendar No. 246.
2025-10-30: Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
2025-10-30: Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
2025-10-22: Committee on Foreign Relations. Ordered to be reported with an amendment in the nature of a substitute favorably.
2025-10-07: Read twice and referred to the Committee on Foreign Relations.
2025-10-07: Introduced in Senate

Bill Versions

Designating the Russian Federation as a State Sponsor of Terrorism Act — issued 2025-10-07 — PDF (8 pages)
Designating the Russian Federation as a State Sponsor of Terrorism Act — issued 2025-10-30 — PDF (18 pages)