[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4118 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4118

   To establish the Open Translation Center, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 11 (legislative day, April 10), 2024

  Ms. Baldwin introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
   To establish the Open Translation Center, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Open Translation Center 
Authorization Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The success of United States foreign policy depends on 
        the ability to accurately perceive and understand other 
        countries' foreign and domestic policies.
            (2) Open source materials published by the People's 
        Republic of China and other nations offer a uniquely valuable 
        window into the politics, policy, ideology, intentions, and 
        activities of those countries.
            (3) A lack of foreign language speakers greatly hinders 
        United States policymakers, journalists, academics, students, 
        and others' ability to understand the People's Republic of 
        China and other nations and governments.
            (4) During the Cold War, the Foreign Broadcast Information 
        Service provided translations and open source analysis that 
        nourished generations of diplomats, journalists, academics, 
        students, and others.
            (5) A public translation and analysis organization is 
        currently needed to support the development of United States 
        foreign policy and to enrich public understanding.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Designated countries.--The term ``designated 
        countries'' means--
                    (A) the People's Republic of China; and
                    (B) any other country designated by the board of 
                directors established under section 5(b), after 
                consultation with the Secretary of State.
            (2) Designated languages.--The term ``designated 
        languages'' means--
                    (A) languages identified as critical languages by 
                the Department of State's Critical Language Scholarship 
                Program; and
                    (B) any other language designated by the board of 
                directors established pursuant to section 5(b), after 
                consultation with the Secretary of State.
            (3) Governing organization.--The term ``governing 
        organization'' means any national body separate from a foreign 
        government that maintains ultimate control over such 
        government, including political parties that exercise functions 
        normally reserved for governments.
            (4) Relevant congressional committees.--The term ``relevant 
        congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Select Committee on Intelligence of the 
                Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Permanent Select Committee on Intelligence 
                of the House of Representatives.

SEC. 4. ESTABLISHMENT.

    There is established a federally funded research and development 
center, to be known as the ``Open Translation Center'' (referred to in 
this Act as ``OTAC'').

SEC. 5. INCORPORATION.

    (a) In General.--OTAC shall be--
            (1) administered as a separate entity by an organization 
        managing a federally funded research and development center as 
        of the date of the enactment of this Act; or
            (2) incorporated as a nonprofit membership corporation.
    (b) Board of Directors.--OTAC shall be headed by a board of 
directors that consists of 5 members, of whom--
            (1) 2 members shall be appointed by the Secretary of State;
            (2) 2 members shall be appointed by the Director of 
        National Intelligence; and
            (3) 1 member shall be appointed by the Register of 
        Copyrights.
    (c) Term; Qualifications.--
            (1) In general.--Except as provided in paragraph (2), each 
        member appointed to the board of directors pursuant to 
        subsection (b) shall serve for a term of 3 years and may be 
        reappointed to additional, consecutive terms.
            (2) Initial term.--Notwithstanding paragraph (1)--
                    (A) the initial term of 1 of the first 2 members 
                appointed by the Secretary of State shall be 2 years; 
                and
                    (B) the initial term of 1 of the first 2 members 
                appointed by the Director of National Intelligence 
                shall be 2 years.
            (3) Qualifications.--Members of the board of directors--
                    (A) shall be appointed from among individuals with 
                expertise in translation, publishing, domestic and 
                international copyright law, media, foreign languages, 
                area studies, or international relations;
                    (B) shall make all decisions for which the board of 
                directors is responsible independently from any 
                official of the United States Government; and
                    (C) may not be employees or officials of the United 
                States during their respective terms on the board of 
                directors.
    (d) Chair.--The Chair of the board of directors shall be elected 
from among the members of the board.

SEC. 6. PURPOSE AND MISSION.

    The purpose and mission of OTAC shall be--
            (1) to translate, analyze, and publicly disseminate foreign 
        language government documents and other documents from 
        designated countries for the purposes of enhancing the 
        understanding of such countries' governments, governing 
        organizations, militaries, economies, and cultures;
            (2) to provide proper context and explanations of 
        translated foreign language material to enhance the ability of 
        consumers to understand the meaning and significance of such 
        translated material;
            (3) to strive to make as much translated foreign language 
        material publicly available as possible and to provide 
        summaries of important foreign language material that cannot be 
        made public; and
            (4) to train and develop exceptional analysts and linguists 
        with specialization regarding designated countries.

SEC. 7. DUTIES.

    (a) In General.--In furtherance of the purpose and mission 
specified in section 6, OTAC shall--
            (1) translate documents and information from designated 
        countries into the English language;
            (2) provide analyses, summaries, and important context for 
        material translated pursuant to paragraph (1), and other 
        untranslated material, including--
                    (A) biographical sketches and information on 
                important leaders;
                    (B) descriptions and background on political 
                processes, important bodies, companies, economic 
                systems, and military weapons systems and doctrines;
                    (C) definitions and analysis of important concepts 
                and phrases;
                    (D) information regarding changes over time in the 
                policies and intentions of governments, militaries, and 
                governing organizations; and
                    (E) other issues that are of significance for 
                understanding designated countries;
            (3) cooperate with other relevant Federal agencies 
        regarding any effort consistent with such purpose and mission;
            (4) make available on a publicly accessible website--
                    (A) all analyses and summaries created pursuant to 
                paragraph (2); and
                    (B) all materials translated pursuant to paragraph 
                (1), except for any material that OTAC determines not 
                to make available pursuant to subsection (b)(1)(F); and
            (5) with respect to translated materials that OTAC 
        determines not to make available pursuant to subsection 
        (b)(1)(F)--
                    (A) to the extent possible, provide such materials 
                free of charge to--
                            (i) all United States Government employees, 
                        including Members of Congress and congressional 
                        staff; and
                            (ii) organizations and individuals who have 
                        relevant contracts or grants with the United 
                        States Government; or
                    (B) as appropriate, provide summaries and analyses 
                of such materials to the persons and organizations 
                described in subparagraph (A).
    (b) Methodology.--
            (1) In general.--In carrying out this section and section 
        6, OTAC shall--
                    (A) establish the capability to acquire, retain, 
                train, and develop exceptional analytical and 
                linguistic expertise in designated countries and 
                designated languages;
                    (B) use software, programs, artificial 
                intelligence, and other technologies to ensure timely 
                translations;
                    (C) seek input from technical, regional, and 
                subject matter experts from a wide range of relevant 
                disciplines, to review, provide feedback, and evaluate 
                translations and analyses;
                    (D) maximize cooperation with the public and 
                private sectors in the United States, including Federal 
                agencies, and United States allies and partners, to 
                maximize efficiencies, acquire source materials, and 
                eliminate duplication of efforts;
                    (E) select materials, such as the materials 
                described in paragraph (2), to translate and analyze on 
                the basis of--
                            (i) the significance of the material for 
                        United States policymakers, journalists, 
                        academics, and the general public; and
                            (ii) the ability of such material to 
                        enhance the understanding of the politics, 
                        policies, intentions, ideologies, militaries, 
                        businesses, technologies, science, or cultures 
                        of designated countries; and
                    (F) in selecting material to translate pursuant to 
                subparagraph (E) and in making material available under 
                subsection (a)(4), consider whether the translation or 
                dissemination of such material would be consistent with 
                domestic and international commitments on copyright, 
                including title 17, United States Code.
            (2) Examples of materials to be translated.--The materials 
        described in this paragraph are, with respect to a designated 
        country--
                    (A) official and unofficial government, governing 
                organization, and military documents and reports;
                    (B) speeches of relevant government, political, 
                governing organization, and military officials;
                    (C) official and semiofficial government, governing 
                organization, and military journals;
                    (D) news articles and commentary from government, 
                governing organization, or other quasi-official 
                sources;
                    (E) documents and other information by state-owned 
                businesses and entities; and
                    (F) other information, including internet and 
                social media posts.
    (c) Copyrights.--
            (1) Translations deemed government works.--A work prepared 
        by an employee or contractor of the OTAC for the purpose of the 
        dissemination of such work by OTAC shall be deemed a work of 
        the United States Government under section 105(a) of title 17, 
        United States Code.
            (2) No less favorable treatment.--In accordance with the 
        Agreement on the Trade-Related Aspects of Intellectual Property 
        Rights of the World Trade Organization (commonly known as the 
        ``TRIPS Agreement''), the Berne Convention for the Protection 
        of Literary and Artistic Works (as amended on September 28, 
        1979), other World Intellectual Property Organization 
        regulations and treaties, and other relevant international 
        treaties and agreements, OTAC shall treat foreign material no 
        less favorably than national materials are treated for the 
        purpose of copyrights.
    (d) Limitation.--OTAC may not publish any translation until after 
OTAC has reviewed and approved such translation for accuracy.

SEC. 8. COOPERATION AND CONSULTATION.

    (a) In General.--In carrying out the duties described in section 7, 
OTAC may consult and cooperate with--
            (1) relevant Federal agencies and grantees of the United 
        States Agency for Global Media regarding any effort consistent 
        with the purposes of this Act, including--
                    (A) collecting source material;
                    (B) avoiding duplication of effort;
                    (C) details of employees; and
                    (D) training; and
            (2) other relevant stakeholders, including--
                    (A) nonprofit research institutes;
                    (B) institutions of higher education; and
                    (C) media organizations.
    (b) Foreign Governments.--OTAC may consult and cooperate with any 
foreign government beginning on the date that is 14 days after the 
Secretary of State--
            (1) certifies that it is in the national interest for OTAC 
        to cooperate and consult with such foreign government; and
            (2) provides such certification to the relevant 
        congressional committees.

SEC. 9. SPONSORSHIP.

    (a) Sponsors.--
            (1) In general.--The Secretary of State shall be the 
        primary sponsor of OTAC.
            (2) Agreements.--The Secretary of State may enter into 
        agreements with other relevant Federal agencies to provide 
        additional sponsors of OTAC.
            (3) Notification.--Not later than 15 days after entering 
        into an agreement described in paragraph (2), the Secretary of 
        State shall notify the relevant congressional committees of any 
        additional sponsors for OTAC.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of State should enter into a sponsorship agreement pursuant 
to subsection (a)(2) with the Director of the Central Intelligence 
Agency.
    (c) Agreement.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of State shall seek to 
        enter into a sponsoring agreement with respect to OTAC that 
        requires OTAC to carry out the duties described in sections 6 
        and 7.
            (2) Consistency with requirements prescribed by 
        administrator for federal procurement policy.--The 
        Administrator for Federal Procurement Policy shall prescribe 
        general requirements for the sponsoring agreement described in 
        paragraph (1).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for OTAC--
            (1) $85,000,000 for fiscal year 2025;
            (2) $80,000,000 for each of the fiscal years 2026 through 
        2029; and
            (3) such sums as may be necessary for each fiscal year 
        thereafter.
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