[Congressional Record Volume 167, Number 193 (Wednesday, November 3, 2021)]
[Senate]
[Page S7743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
                                 ______