II 118th CONGRESS 2d Session S. 4118 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.

1. Short title This Act may be cited as the Open Translation Center Authorization Act . 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. 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 . 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 ). 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. 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. 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. 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. 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). 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.