PolicyBrief
H.R. 1238
119th CongressFeb 12th 2025
Cartel Marque and Reprisal Authorization Act of 2025
IN COMMITTEE

Authorizes the President to commission private individuals or groups to seize cartel members and their assets outside the U.S. through letters of marque and reprisal.

Tim Burchett
R

Tim Burchett

Representative

TN-2

LEGISLATION

New Bill Lets President Unleash Privateers on Cartels: 'Cartel Marque and Reprisal Authorization Act' Greenlights Bounty Hunters

The "Cartel Marque and Reprisal Authorization Act of 2025" straight-up authorizes the President to hire private citizens—think bounty hunters—to seize people and property outside the U.S. if they're tied to cartels. This isn't your typical government operation; it's a throwback to the days of privateers, but instead of targeting ships, they're going after cartel members. The core purpose? To give the President a new tool to combat organizations deemed a threat to U.S. national security. The act specifically targets organizations listed in an executive order from January 20, 2025, or those defined as transnational criminal organizations under Public Law 118-50 (21 U.S.C. 2341(5)).

Privateers 2.0

This law revives a very old practice—issuing "letters of marque and reprisal." Basically, it's a government license for private individuals to act as agents of the state, seizing assets and individuals. Section 3 of the bill lays it all out: the President can commission these privateers, who must post a security bond to ensure they operate within the bounds of their commission. This means anyone from security contractors to, potentially, your neighbor with a particular set of skills could be legally empowered to capture individuals or seize property in other countries, as long as they are associated with designated cartels.

Real-World Rollout

Imagine a scenario where a private security firm, or even a group of individuals with specialized skills, gets a contract under this law. They're given a target—say, a cartel financier operating in a non-U.S. territory. These privateers could legally apprehend this individual and seize their assets, all under the authority of the U.S. government. The security bond is meant to keep them in check, but the practical implications are huge. This could range from coordinated operations with foreign governments to, well, things you might see in an action movie, except it's real and sanctioned by law.

The Catch?

While the bill aims to disrupt cartel operations, it's hard to ignore the potential for things to go sideways. We're talking about private citizens operating with significant power in foreign territories. Accountability is a major concern. What happens if the wrong person is targeted? What about collateral damage? The bill requires a bond, but will that really cover all potential issues? Plus, how does this play with international law? It's a big, bold move with a lot of unanswered questions about oversight and the potential for escalating conflicts. This approach fits into a broader context of using unconventional methods to tackle national security threats, but it blurs the lines between military action, law enforcement, and private enterprise in a way that's, frankly, pretty wild.