I 118th CONGRESS 2d Session H. R. 7942 IN THE HOUSE OF REPRESENTATIVES April 11, 2024 Mr. Castro of Texas (for himself and Mr. Gallagher ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To establish the Open Translation Center, and for other purposes.

1. Short title This Act may be cited as the Open Translation Center Act of 2024 . 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) Today, a public translation and analysis organization is needed to support the development of United States foreign policy and to enrich public understanding. 3. Establishment There is established a federally funded research and development center to be known as the Open Translation Center (referred to in this section as OTC ). 4. Incorporation (a) In general OTC shall be— (1) administered as a separate entity by an organization managing a federally funded research and development center on the date of the enactment of this Act; or (2) incorporated as a nonprofit membership corporation. (b) Board OTC shall be headed by a board that consists of five members to be appointed as follows: (1) Two members shall be appointed by the Secretary of State. (2) Two members shall be appointed by the Director of National Intelligence. (3) One member shall be appointed by the Register of Copyrights. (c) Term; qualifications (1) In general Each member appointed to the board of OTC in accordance with subsection (b) shall serve for a term of 3 years, and may be re-appointed to consecutive terms. (2) Initial term Notwithstanding subsection (c), the initial term of one the two members first appointed by the Secretary of State in accordance with subsection (b) and one of the two members first so appointed by the Director of National Intelligence shall be 2 years. (3) Qualifications Members of the board shall be appointed from among individuals with expertise in translation, publishing, domestic and international copyright law, media, foreign languages, area studies, or international relations, and shall make all decisions independently from the United States Government. No member of the board may be an employee or official of the United States during the term served by such member. (d) Chair The Chair of the board of OTC shall be elected from among the members of the board. 5. Purpose and mission The purpose and mission of OTC is the following: (1) The translation, analysis, and public dissemination of foreign language government 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. (4) To train and develop exceptional analysts and linguists with specialization regarding designated countries. 6. Duties (a) In general In furtherance of the purpose and mission specified in section 5, OTC shall— (1) translate into the English language documents and information from designated countries; (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 subsection (a)(2); and (B) except for any material that OTC determines not to make available pursuant to subsection (b)(1)(F), all translated materials under subsection (a); and (5) with respect to translated materials that OTC determines not to make available pursuant to subsection (b)(1)(F)— (A) to the extent possible, provide such materials free of charge to all United States Government employees, Members of Congress, and congressional staff, as well as to organizations and individuals who have relevant contracts or grants with the United States Government or any part thereof; or (B) as appropriate, provide summaries and analyses of such materials to the persons described in subparagraph (A). (b) Methodology (1) In general In carrying out this section and section 5, OTC shall— (A) establish the capabilities 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, as well as with 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 as well as for 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 under 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 the following materials from 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. (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 OTC for the purpose of the dissemination of such work by OTC 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 Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization, the Berne Convention for the Protection of Literary and Artistic Works, other World Intellectual Property Organization regulations and treaties, and other relevant international treaties and agreements, OTC shall treat foreign material no less favorably than national materials are treated for purpose of copyrights. (d) Limitation OTC may not publish any translation until such translation has been reviewed and approved for accuracy by OTC. 7. Cooperation and consultation (a) In general In carrying out the duties described in section 6, OTC may consult and cooperate with— (1) relevant Federal agencies and grantees of the U.S. 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 OTC is authorized to consult and cooperate with any foreign government beginning on the date that is 14 days after— (1) the Secretary of State certifies that it is in the national interest for OTC to cooperate and consult with that foreign government; and (2) the Secretary of State provides to the relevant congressional committees such certification. 8. Sponsorship (a) Sponsors (1) In general The Secretary of State shall be the primary sponsor of OTC. (2) Agreements The Secretary of State may enter into agreements with other relevant Federal agencies to provide additional sponsors of OTC. (3) Notification The Secretary of State shall notify the relevant congressional committees of any additional sponsors for OTC not later than 15 days after entering into an agreement under paragraph (2). (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 OTC that requires OTC to carry out the duties described in sections 5 and 6. (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 entered into under paragraph (1). 9. Definitions For the purposes of this Act: (1) 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. (2) The term designated countries means— (A) the People’s Republic of China; and (B) other countries as determined by the board established under section 4(b), in consultation with the Secretary of State. (3) The term relevant congressional committees means— (A) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. (4) The term designated languages means— (A) languages identified as critical languages by the Department of State’s Critical Language Scholarship Program; and (B) other languages as determined by the board established pursuant to section 4, in consultation with the Secretary of State. 10. Authorization of appropriations There are authorized to be appropriated for OTC— (1) $85,000,000 for fiscal year 2024; (2) $80,000,000 for each of fiscal years 2025 through 2028; and (3) such sums as may be necessary for each fiscal year thereafter.