S.Amdt. 4242

SA 4242. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XII, insert the
following:

SEC. ___. REPORT BY SECRETARY OF STATE ON FOREIGN
MERCENARIES.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Director of National Intelligence and
the Secretary of Defense, shall submit to the appropriate
congressional committees a report on the extent to which
foreign mercenaries are being used by countries to train,
equip, advise, participate in, or conduct military, security,
police, or intelligence-gathering activities and operations.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A description and evaluation of the use of foreign
mercenaries, by country.
(2) A detailed description and evaluation of each such
country's justification for the use of foreign mercenaries.
(3) The extent to which such foreign mercenaries are
directly or indirectly sponsored or directed by the
governments of their countries of origin.
(4) A description of any standards, laws, policies, or
regulations that apply to the behavior of such mercenaries,
including whether any judicial proceedings have been
conducted against such mercenaries within the prior two
years.
(5) An estimate of the number of United States citizens
engaged in or suspected to be engaged in mercenary activities
and operations, including the number of such citizens who
have received an export license by the Department of State to
engage in such activities or operations, disaggregated by
foreign country in which such activities or operations have
been authorized, including a description of any
investigations that the Department has initiated or
participated in concerning such citizens or any other United
States citizen who has not received such an export license.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified and unredacted form, and not
subject to any additional restriction on public
dissemination, to the maximum extent feasible, but may
include a classified, unredacted annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Foreign Affairs, the Committees on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Mercenary.--The term ``mercenary'' means a person who--
(A) is not, as of the date on which the report required
under subsection (a) is submitted, a member of the military,
the security forces, or any law enforcement agency of the
government of the country of which the person is a national;
and
(B) is engaged in any military-, security-, or
intelligence-related activity in a country of which such
person is not a national and is not licensed or contracted
for such activity by the Government of the United States.
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