Cartel Marque and Reprisal Authorization Act of 2025
H.R. 1238, the Cartel Marque and Reprisal Authorization Act of 2025, would authorize the President to issue letters of marque and reprisal authorizing privately armed and equipped individuals or entities to pursue and seize members of cartels (and cartel-linked organizations or conspirators) who are alleged to have committed acts of aggression against the United States, even outside U.S. borders. The act would require the posting of security bonds to ensure compliance with the letters’ terms. Cartels for purposes of the bill can be those designated as Foreign Terrorist Organizations or Specially Designated Global Terrorists by a 2025 executive order, or a “transnational criminal organization” as defined in related federal law. The authority rests on Congress’s constitutional power to grant letters of marque and reprisal and is framed as a tool to deter and punish aggression by cartel actors. In short, the bill would revive a privately operated, government-sanctioned approach—under presidential direction—to pursue cartel members abroad, with a financial guarantee (bond) condition and a definition of target organizations tied to a 2025 designation framework.
Key Points
- 1Authorization to issue letters of marque and reprisal: The President may commission privately armed and equipped individuals or entities to seize persons and property outside the United States who are deemed cartel members, cartel-linked individuals, or conspirators linked to a cartel responsible for aggression against the U.S.
- 2Security bonds required: No such letter may be issued without a security bond determined by the President to ensure execution of the letter’s terms and conditions.
- 3Cartel definition tied to designations: A cartel includes groups designated as Foreign Terrorist Organizations or Specially Designated Global Terrorists by a January 20, 2025 executive order, or groups identified as “transnational criminal organizations” under a defined federal statute (Public Law 118-50, 21 U.S.C. 2341(5)).
- 4Geographic scope: The authority explicitly allows action outside the geographic boundaries of the United States and its territories.
- 5Constitutional basis and findings: The bill cites Article I, Section 8 of the Constitution as the basis for letters of marque and reprisal and describes cartels as a significant national security threat.