[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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