Scam Farms Marque and Reprisal Authorization Act of 2025

Bill Number

H.R. 4988

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

International Affairs

Status

Introduced

Latest Action

2025-08-15: Referred to the House Committee on Foreign Affairs.

Last Updated

2026-03-26T18:27:49Z

AI-Generated Summary

Purpose of the Legislation

This bill, titled the "Scam Farms Marque and Reprisal Authorization Act of 2025," aims to empower the President to combat cybercrimes and related threats to U.S. national and economic security by authorizing the issuance of "letters of marque and reprisal." These are official permissions for private individuals or groups to act against specified enemies, similar to historical privateering during wartime, but targeted here at criminal operations like scam centers using cybercrimes and forced labor.

Key Provisions

• Congressional Findings (Section 2):
• Affirms Congress's constitutional authority (under Article I, Section 8) to issue such letters to deter and punish acts of aggression, including those by "scam centers" (organized fraud operations).
• Declares that criminal enterprises engaging in cybercrimes and coerced labor pose an extraordinary threat to U.S. security.
• Presidential Authority (Section 3(a)):
• Authorizes and requests the President to issue letters of marque and reprisal to privately armed and equipped persons or entities.
• These commissions would allow recipients, under presidential instructions, to seize the person (e.g., capture individuals) and property of targets outside U.S. borders and territories.
• Targets include members or conspirators of criminal enterprises involved in cybercrimes that aggress against the U.S., as determined by the President.
• Security Requirements (Section 3(b)):
• No letter can be issued without a security bond (a financial guarantee) in an amount set by the President to ensure compliance with the letter's terms.
• Definitions (Section 3(c)):
• Cybercrime: Broadly defined to include offenses like unauthorized computer access for fraud, theft of national security or personal data, ransomware attacks, "pig butchering scams" (a type of romance or investment fraud), cryptocurrency theft, identity theft, and violations of U.S. law (e.g., under 18 U.S.C. § 1030, the Computer Fraud and Abuse Act).
• Criminal Enterprise: Encompasses organized groups, including foreign governments.

Significant Changes to Existing Law

• Revives a rarely used constitutional power (last exercised in the early 19th century) by explicitly authorizing the President—through congressional approval—to deploy private actors for enforcement outside traditional military or law enforcement channels.
• Expands the scope of U.S. responses to cyber threats beyond current laws like sanctions, indictments, or cyber defenses, introducing a mechanism for direct seizures by non-government entities.
• No prior U.S. law specifically ties letters of marque to modern cybercrimes; this bill adapts the concept to address digital and economic aggression, potentially bypassing some international treaties on extradition or sovereignty.

Potential Impacts

• On Government Agencies: Shifts some enforcement burden from agencies like the FBI, Cybersecurity and Infrastructure Security Agency (CISA), or Department of Justice to private parties, requiring presidential determinations and oversight. Could strain diplomatic resources if seizures lead to international disputes.
• On Citizens: May enhance protection against cyber fraud (e.g., scams costing Americans billions annually) by deterring criminals, but risks unintended consequences like mistaken targeting of innocent parties or escalation of cyber conflicts affecting U.S. users.
• On International Relations: Could provoke tensions with nations hosting scam operations (e.g., in Southeast Asia or Eastern Europe), especially if foreign governments are deemed "criminal enterprises," potentially violating norms of sovereignty and leading to retaliatory actions or strained alliances.

Main Stakeholders Affected

• U.S. Government: President (issues letters and makes determinations), Congress (authorizes and oversees), and agencies like State Department (diplomacy) and Treasury (bonds/sanctions).
• Private Entities: Individuals or companies (e.g., cybersecurity firms or bounty hunters) who could be commissioned to conduct operations, potentially profiting from seizures.
• U.S. Citizens and Businesses: Victims of cybercrimes (e.g., those targeted by scams or ransomware) who may benefit from reduced threats, but also face risks from privatized enforcement.
• Foreign Actors: Criminal networks, scam operators, and governments involved in or tolerating cybercrimes, who could face seizures of assets or personnel.

Notable Legal, Constitutional, or Political Implications

• Constitutional: Directly invokes Congress's explicit power under Article I, Section 8 to "grant Letters of Marque and Reprisal," but delegates implementation to the President, raising questions about separation of powers and potential overreach in defining "acts of aggression."
• Legal: Introduces risks of vigilante-style actions abroad, which could conflict with international law (e.g., UN Charter prohibitions on force) or U.S. treaties; seizures might lead to lawsuits over due process or property rights. The broad cybercrime definition could enable expansive presidential discretion.
• Political: Politically charged due to its unconventional approach to cybersecurity, potentially appealing to those favoring aggressive anti-crime measures but criticized for militarizing private enterprise or escalating global cyber tensions. As an introduced bill (referred to the House Committee on Foreign Affairs on August 15, 2025), it faces hurdles in passage amid debates on efficacy and ethics.

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

Sponsor

Rep. Schweikert, David [R-AZ-1]

Recent Actions

• 2025-08-15: Referred to the House Committee on Foreign Affairs.
• 2025-08-15: Introduced in House
• 2025-08-15: Introduced in House

Bill Versions

• Scam Farms Marque and Reprisal Authorization Act of 2025 — issued 2025-08-15 — PDF (4 pages)