103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3728

 

Introduced 2/9/2024, by Sen. Jason Plummer

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 430/20-10
740 ILCS 174/15

    Creates the Research, Education, and Government Operations Protection Act. Defines terms. Provides that the purpose of the Act is to protect Illinois' research, educational system, and government operations from malicious influence from foreign countries of concern. Requires a State agency, political subdivision, institution of K-12 education, or institution of higher education to disclose information about gifts and contracts from specified countries of concern, and requires approval from the Executive Inspector General for the Agencies of the Illinois Governor for gifts and contracts from counties of concern. Restricts international cultural agreements and student associations within institutions of K-12 education and institutions of higher education. Requires institutes of higher education with a research budget of $10,000,000 or more to perform specified research and foreign travel screening before accepting applicants from countries of concern or allowing travel to countries of concern. Provides that, subject to the approval of the State Board of Higher Education and Illinois Community College Board, an institution of higher education shall only enter into a new or renew an existing academic partnership with an academic or research institution located in a country of concern under specified circumstances. Prohibits certain trade secret actions, imposing a Class X felony for violation of the provisions. Limits the concurrent exercise of home rule powers. Amends the State Officials and Employees Ethics Act and Whistleblower Act to make conforming changes. Effective January 1, 2025.


LRB103 39056 AWJ 69193 b

 

 

A BILL FOR

 

SB3728LRB103 39056 AWJ 69193 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Research, Education, and Government Operations Protection Act.
 
6    Section 5. Purpose. The purpose of this Act is to protect
7Illinois' research, educational system, and government
8operations from malicious influence from foreign countries of
9concern.
 
10    Section 10. Definitions. As used in this Act:
11    "Affiliate organization" means an entity under the control
12of or established for the benefit of an organization required
13to report under the Act, including a direct-support
14organization.
15    "Agreement" means a written or spoken statement of mutual
16interest in cultural exchange or academic or research
17collaboration.
18    "Country of concern" means the People's Republic of China,
19the Russian Federation, the Islamic Republic of Iran, the
20Democratic People's Republic of Korea, the Republic of Cuba,
21the Venezuelan regime of Nicolás Maduro, the Syrian Arab
22Republic, a foreign terrorist organization as designated by

 

 

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1the Secretary of State under Section 219 of the Immigration
2and Naturalization Act (8 U.S.C. 1189), including an agent of
3or any other entity under significant control of such an
4entity, or any other entity declared by the Governor to be a
5"country of concern" after consultation with the Director of
6the Illinois Emergency Management Agency and Office of
7Homeland Security.
8    "Direct-support organization" means an organization that
9is organized and operated to receive, hold, invest, and
10administer property and to make expenditures to or for the
11benefit of an institution of higher education or for the
12benefit of a research and development park or research and
13development authority affiliated with an institution of higher
14education.
15    "Executive Inspector General" means the Executive
16Inspector General for the Agencies of the Illinois Governor.
17    "Foreign agent" means an officer, employee, proxy,
18servant, delegate, or representative of a foreign government.
19    "Foreign government" means the government of a country,
20nation, or group of nations, or a province or other political
21subdivision of a country or nation, including an agent of the
22government, other than the government of the United States.
23    "Foreign instrumentality" means an agency, bureau,
24ministry, component, institution, association or a legal,
25commercial, or business organization, corporation, firm, or
26entity that is substantially owned, controlled, sponsored,

 

 

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1commanded, managed, or dominated by a foreign government.
2    "Foreign source" means any of the following:
3        (1) A foreign government or an agency of a foreign
4    government.
5        (2) A legal entity, governmental or otherwise, created
6    solely under the laws of a foreign state or states.
7        (3) An individual who is not a citizen or a national of
8    the United States or a territory or protectorate of the
9    United States.
10        (4) A partnership, association, corporation,
11    organization, or any other combination of persons
12    organized under the laws of or having its principal place
13    of business in a country of concern or subsidiary of such
14    entity.
15        (5) An agent, including a subsidiary or an affiliate
16    organization of a foreign legal entity, acting on behalf
17    of a foreign government or foreign instrumentality.
18        (6) A political party or member of a political party.
19    For the purposes of this paragraph, "political party"
20    means an organization or combination of individuals whose
21    aim or purpose is, or who is engaged in an activity devoted
22    in whole or in part to, the establishment, administration,
23    control, or acquisition of administration or control of a
24    government of a country of concern or a subdivision
25    thereof, or the furtherance or influencing of the
26    political or public interest, policies, or relations of a

 

 

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1    government of a country of concern of subdivision thereof.
2    "Gift" means money or property of any kind voluntarily
3transferred, granted, endowed, awarded, donated, or any
4combination thereof, including a conditional or unconditional
5pledge of a voluntarily transfer, endowment, award, or
6donation. As used in this definition, "pledge" means a
7promise, an agreement, or an expressed intention to give a
8gift, and "grant" means a transfer of money for a specified
9purpose, including a conditional gift.
10    "Institution of higher education" means a public
11institution of higher education, as that term is defined in
12Section 5 of the Public Higher Education Act.
13    "Institution of K-12 education" means a public school, as
14that term is defined in Section 1-3 of the School Code.
15    "Obtain or use" means any manner of:
16        (A) taking or exercising unlawful control over
17    property;
18        (B) making an unauthorized use, disposition, or
19    transfer of property;
20        (C) obtaining property by fraud, willful
21    misrepresentation of a future act, or false promise; or
22        (D) conduct generally known as stealing; larceny,
23    purloining, abstracting, embezzlement, misapplication,
24    misappropriation, conversion, or obtaining money or
25    property by false pretenses, fraud, or deception or other
26    conduct similar in nature.

 

 

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1    "Partnership" means, as used in Section 15, a faculty or
2student exchange program, a study-abroad program, a
3matriculation program, a recruiting program, or a dual degree
4program.
5    "Person" means a natural person, corporation, business
6trust, estate, trust, partnership, association, joint venture,
7government, governmental subdivision or agency, or any other
8legal or commercial entity.
9    "State agency or political subdivision" means an agency or
10unit of the State or a unit of local government created or
11established by law.
12    "Trade secret" means the whole or a portion or phase of a
13formula, pattern, device, combination of devices, or
14compilation of information which is for use, or is used, in the
15operation of a business and which provides the business an
16advantage, or an opportunity to obtain an advantage, over
17those who do not know or use it. "Trade secret" includes
18scientific, technical, or commercial information, including
19financial information, and includes a design, process,
20procedure, list of suppliers, list of customers, business
21code, or improvement thereof, whether tangible or intangible,
22and regardless of whether or how it is stored, compiled, or
23memorialized physically, electronically, graphically,
24photographically, or in writing. "Trade secret" also includes,
25irrespective of novelty, invention, patentability, the state
26of the prior art, and the level of skill in the business, art,

 

 

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1or field to which the subject matter pertains, the following
2elements:
3        (1) a secret;
4        (2) of value;
5        (3) for use or in use by the business; and
6        (4) of advantage to the business, or providing an
7    opportunity to obtain an advantage, over those who do not
8    know or use it when the owner thereof takes measures to
9    prevent it from becoming available to persons other than
10    those selected by the owner to have access thereto for
11    limited purposes.
12        "Traffic" means, as used in Section 30:
13        (1) to sell, transfer, distribute, dispense, or
14    otherwise dispose of property; or
15        (2) to buy, receive, possess, obtain control of, or
16    use property with the intent to sell, transfer,
17    distribute, dispense, or otherwise dispose of such
18    property.
 
19    Section 15. Gift and contract reporting requirements for
20countries of concern.
21    (a) Disclosure requirements for past gifts from countries
22of concern.
23        (1) A State agency, political subdivision, institution
24    of K-12 education, or institution of higher education that
25    has received directly or indirectly a gift with any value

 

 

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1    from a foreign source from a country of concern after
2    January 1, 2025 shall disclose such gifts to the Executive
3    Inspector General by March 1, 2025:
4        (2) Unless otherwise prohibited or deemed confidential
5    under State or federal law, such disclosure shall include
6    the date of the gift, the amount of the gift, the purpose
7    of the gift, the identification of the persons for whom
8    the gift is explicitly intended to benefit, any applicable
9    conditions, requirements, restrictions, or terms made part
10    of the gift, the name and country of residence or domicile
11    of the foreign source, the name and mailing address of the
12    disclosing entity, and, as applicable, the date of
13    termination of the gift.
14        (3) The Executive Inspector General shall maintain a
15    public web portal to disclose information on past gifts
16    from countries of concern.
17        (4) Under this subsection, a gift received from a
18    foreign source through an intermediary or affiliate
19    organization shall be considered an indirect gift to the
20    State agency, political subdivision, institution of K-12
21    education, or institution of higher education and is
22    subject to the disclosure process described in this
23    subsection.
24        (5) Upon the request of the Governor, the President of
25    the Senate, or the Speaker of the House of
26    Representatives, the Executive Inspector General must

 

 

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1    inspect or audit a past gift or gift agreement.
2    (b) Approval requirements for future gifts from countries
3of concern.
4        (1) A State agency, political subdivision, institution
5    of K-12 education, or institution of higher education that
6    has been offered directly or indirectly a gift with any
7    value from a foreign source from a country of concern
8    after January 1, 2025 shall disclose such gift. State
9    agencies and other political subdivisions, including
10    institutions of K-12 education and institutions of higher
11    education, shall disclose such gifts to the Executive
12    Inspector General before accepting such gifts.
13        (2) Unless otherwise prohibited or deemed confidential
14    under State or federal law, such disclosure shall include
15    the date of the gift, the amount of the gift, the purpose
16    of the gift, the identification of the persons for whom
17    the gift is explicitly intended to benefit, any applicable
18    conditions, requirements, restrictions, or terms made part
19    of the gift, the name and country of residence or domicile
20    of the foreign source, the name and mailing address of the
21    disclosing entity, and, as applicable, the date of
22    termination of the gift.
23        (3) Within 30 days after receiving the disclosure of
24    the proposed gift, the Executive Inspector General shall
25    issue a final decision to the relevant State agency,
26    political subdivision, institution of K-12 education, or

 

 

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1    institution of higher education on whether and under what
2    conditions the relevant State agency, political
3    subdivision, institution of K-12 education, or institution
4    of higher education may accept the gift as follows:
5            (A) The Executive Inspector General shall develop
6        disclosure forms, rules, and procedures for deciding
7        upon whether to allow a State agency, political
8        subdivision, institution of K-12 education, or
9        institution of higher education to accept gifts from
10        countries of concern.
11            (B) The Executive Inspector General shall maintain
12        a public web portal disclosing proposed and accepted
13        gifts from countries of concern described in this
14        Section, along with the Executive Inspector General's
15        final decision on whether to allow the relevant State
16        agency, political subdivision, institution of K-12
17        education, or institution of higher education to
18        accept the gift.
19        (4) Under this subsection, a gift received from a
20    foreign source through an intermediary shall be considered
21    an indirect gift with the State agency, political
22    subdivision, institution of K-12 education, or institution
23    of higher education and is subject to the approval process
24    described in this subsection.
25        (5) Upon the request of the Governor, the President of
26    the Senate, or the Speaker of the House of

 

 

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1    Representatives, the Executive Inspector General must
2    inspect or audit a gift or gift agreement.
3    (c) Disclosure requirements for past contracts from
4countries of concern
5        (1) A State agency, political subdivision, institution
6    of K-12 education, or institution of higher education that
7    has entered into directly or indirectly a contract with
8    any value from a foreign source from a country of concern
9    before January 1, 2025 shall disclose such contracts to
10    the Executive Inspector General by March 1, 2025.
11        (2) Unless otherwise prohibited or deemed confidential
12    under State or federal law, such disclosure shall include
13    the date of the contract, the amount of the contract, the
14    purpose of the contract, the identification of the persons
15    for whom the contract is explicitly intended to benefit,
16    any applicable conditions, requirements, restrictions, or
17    terms made part of the contract, a copy of the contract,
18    the name and country of residence or domicile of the
19    foreign source, the name and mailing address of the
20    disclosing entity, and, as applicable, the date of
21    termination of the contract.
22        (3) Under this subsection, a contract entered into
23    with a foreign source through an intermediary or affiliate
24    organization shall be considered an indirect contract to
25    the State agency, political subdivision, institution of
26    K-12 education, or institution of higher education and is

 

 

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1    subject to the disclosure process described in this
2    subsection.
3        (4) The Executive Inspector General shall maintain a
4    public web portal to disclose information on past proposed
5    and entered into contracts from countries of concern.
6        (5) Upon the request of the Governor, the President of
7    the Senate, or the Speaker of the House of
8    Representatives, the Executive Inspector General must
9    inspect or audit a past contract.
10    (d) Approval requirements for future contracts from
11countries of concern
12        (1) A State agency, political subdivision, institution
13    of K-12 education, or institution of higher education that
14    has been offered or has proposed directly or indirectly a
15    contract with any value from or with a foreign source from
16    a country of concern after January 1, 2025 shall disclose
17    such proposed contract to the Executive Inspector General
18    before entering into such contract.
19        (2) Unless otherwise prohibited or deemed confidential
20    under State or federal law, such disclosure shall include
21    the date of the gift, the amount of the gift, the purpose
22    of the gift, the identification of the persons for whom
23    the gift is explicitly intended to benefit, any applicable
24    conditions, requirements, restrictions, or terms made part
25    of the gift, the name and country of residence or domicile
26    of the foreign source, the name and mailing address of the

 

 

SB3728- 12 -LRB103 39056 AWJ 69193 b

1    disclosing entity, and, as applicable, the date of
2    termination of the gift.
3        (3) Within 30 days of receiving the disclosure of the
4    proposed gift, the Executive Inspector General shall issue
5    a final decision to the relevant State agency, political
6    subdivision, institution of K-12 education, or institution
7    of higher education on whether and under what conditions
8    the relevant State agency, political subdivision,
9    institution of K-12 education, or institution of higher
10    education may accept the gift as follows:
11            (A) The Executive Inspector General shall develop
12        disclosure forms, rules, and procedures for deciding
13        upon whether to allow State agencies or political
14        subdivisions to accept gifts from countries of
15        concern.
16            (B) The Executive Inspector General shall maintain
17        a public web portal disclosing proposed gifts from
18        countries of concern and information on past proposed
19        and entered into contracts from countries of concern
20        described in this Section, along with the Executive
21        Inspector General's final decision on whether to allow
22        the relevant State agency or political subdivision to
23        accept the gift.
24        (4) Under this subsection, a contract proposed from a
25    foreign source through an intermediary or affiliate
26    organization shall be considered an indirect contract with

 

 

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1    the State agency, political subdivision, institution of
2    K-12 education, or institution of higher education and is
3    subject to the approval process described in this
4    subsection.
5        (5) Upon the request of the Governor, the President of
6    the Senate, or the Speaker of the House of
7    Representatives, the Executive Inspector General must
8    inspect or audit a contract agreement.
9    (e) Enforcement, penalties, and rewards.
10        (1) Upon receiving a referral from the a compliance
11    officer of a State agency, political subdivision,
12    institution of K-12 education, or institution of higher
13    education or a sworn complaint based upon substantive
14    information and reasonable belief, the Executive Inspector
15    General must investigate an allegation of violation of
16    this Act. The Executive Inspector General may request
17    records relevant to a reasonable suspicion of a violation
18    of this Act. The entity with whom records were requested
19    must provide the required records within 10 days after
20    such request or at a later time agreed to by the
21    investigating State agency, political subdivision,
22    institution of K-12 education, or institution of higher
23    education.
24        (2) Except as provided by paragraph (4), failure to
25    make a disclosure required under this Act or failure to
26    provide records requested under paragraph (1) constitutes

 

 

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1    a civil violation punishable upon a final administrative
2    finding with a civil penalty of $10,000 for a first
3    violation or $20,000 for a subsequent violation. The
4    Executive Inspector General may assess the penalty after a
5    hearing after notice to the State agency, political
6    subdivision, institution of K-12 education, or institution
7    of higher education with an opportunity of the agency,
8    political subdivision, or institution to be heard. The
9    Attorney General may bring an action in circuit court to
10    enforce a civil penalty assessed under this paragraph. If
11    the State is the prevailing party, the State is entitled
12    to costs and reasonable attorney's fees.
13        (3) In addition to a civil penalty assessed under
14    paragraph (2), a final order determining a violation by
15    the Executive Inspector General must include a
16    determination of the identity of the officer responsible
17    for acceptance of the undisclosed gift. Such order must
18    also include a referral by the Executive Inspector General
19    to the Governor or other officer authorized to suspend or
20    remove from public office the officer responsible for
21    acceptance of the undisclosed gift. A copy of such
22    referral must be provided to the President of the Senate
23    and the Speaker of the House of Representatives for
24    oversight of such suspension and removal authority.
25        (4) An institution of K-12 education or an institution
26    of higher education that knowingly, willfully, or

 

 

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1    negligently fails to disclose the information required by
2    this subsection shall be subject to a civil penalty of
3    105% of the amount of the undisclosed gift or contract,
4    payable only from non-State funds of the institution of
5    K-12 education or institution of higher education or the
6    affiliate organization that received such gift. The
7    recovered funds must be deposited into the General Revenue
8    Fund. The Executive Inspector General may enforce this
9    subsection and impose the civil penalty as provided in
10    paragraph (2).
11        (5) A whistleblower who reports an undisclosed foreign
12    gift or contract to the Executive Inspector General may
13    also report such undisclosed gift or contract to the
14    Attorney General or a State agency, political subdivision,
15    institution of K-12 education, or institution of higher
16    education and retain whistleblower protection under the
17    Whistleblower Act or State Officials and Employees Ethics
18    Act, as applicable. Such whistleblower shall be entitled
19    to receive a reward in the amount of 25% of any penalty
20    recovered by the Executive Inspector General or the
21    Attorney General under this subsection. The Executive
22    Inspector General or the Attorney General may incur
23    expenditures to provide such reward from the penalty
24    recovery. The reward may be paid through an intermediate
25    attorney or trustee designated by the whistleblower.
26    (f) Information reported under subsection (a) is not

 

 

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1confidential or exempt from disclosure under the Freedom of
2Information Act, except as otherwise provided by law,
3including laws protecting trade secrets.
4    (g) The Executive Inspector General may adopt rules to
5implement this Section.
 
6    Section 20. International cultural agreements and student
7associations within educational institutions.
8    (a) International cultural agreements and student
9associations within institutions of K-12 education or
10institutions of higher education are restricted as follows:
11        (1) An institution of K-12 education or institution of
12    higher education may not participate in a cultural
13    exchange agreement with a foreign source from a country of
14    concern, or an entity controlled by a country of concern,
15    that:
16            (A) constrains the freedom of contract of such
17        public entity;
18            (B) allows the curricula or values of a program in
19        the State to be directed, controlled, or influenced by
20        the country of concern; or
21            (C) promotes an agenda detrimental to the safety
22        or security of Illinois, its residents, or the United
23        States.
24        (2) Prior to the execution of a cultural exchange
25    agreement with a foreign source from a country of concern,

 

 

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1    the substance of the agreement shall be shared with
2    federal agencies concerned with protecting national
3    security or enforcing trade sanctions, embargoes, or other
4    restrictions under federal law. If a federal agency
5    provides information suggesting that such an agreement
6    promotes an agenda detrimental to the safety or security
7    of Illinois, the United States, or its residents, the
8    institution of K-12 education or institution of higher
9    education may not enter into the agreement.
10        (3) Prior to the execution of a cultural exchange
11    agreement with a foreign source from a country of concern,
12    the substance of the agreement shall be shared with the
13    Executive Inspector General. If the Executive Inspector
14    General provides information suggesting that such an
15    agreement promotes an agenda detrimental to the safety or
16    security of Illinois, the United States, or its residents,
17    the institution of K-12 education or institution of higher
18    education may not enter into the agreement.
19        (4) Each institution of higher education shall submit
20    the information required in paragraph (5) to each
21    institution's board and each institution of K-12 education
22    shall submit the information required in paragraph (5) to
23    the State Board of Education, respectively, by July 1,
24    2025, and on each July 1 thereafter.
25        (5) By December 1, 2025, and each December 1
26    thereafter, the State Board of Higher Education, the

 

 

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1    Illinois Community College Board, and the State Board of
2    Education, respectively, shall submit a report to the
3    Governor, the President of the Senate, and the Speaker of
4    the House of Representatives relating to partnerships and
5    agreements of institutions of K-12 education and
6    institutions of higher education made with educational
7    institutions or other institutions based in countries of
8    concern. At a minimum, the report must include the
9    following information for the previous fiscal year:
10            (A) Data reflecting a grant program, agreement,
11        partnership, or contract between an institution of
12        higher education and a college, university, or entity
13        that is based in or controlled by a country of concern
14        or foreign principal.
15            (B) Data reflecting an office, campus, or physical
16        location used or maintained by an institution of
17        higher education in a country of concern or foreign
18        principal.
19            (C) The date on which a grant program, agreement,
20        partnership, or contract reported pursuant to
21        subparagraph (A) is expected to terminate.
22        (6) No students' or scholars' association affiliated
23    with an institution of K-12 education or an institution of
24    higher education may accept a gift or grant from a foreign
25    source from a country of concern or enter into a contract
26    or agreement with a foreign source from a country of

 

 

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1    concern, subject to the following:
2            (A) The institution of K-12 education or
3        institution of higher education must end any
4        affiliation with the student or scholars' association
5        if the student or scholars' association violates this
6        paragraph (6).
7            (B) Member dues or fees received are not a gift or
8        grant from a foreign source from a country of concern.
9    (b) The State Board of Higher Education, the Illinois
10Community College Board, and the State Board of Education
11shall adopt rules to administer this Section.
 
12    Section 25. Higher education research; foreign travel
13screening.
14    (a) Screening requirements and disclosure.
15        (1) Each institute of higher education or affiliate
16    organization that has a research budget of $10,000,000 or
17    more must screen applicants seeking employment in research
18    or research-related support positions, graduate and
19    undergraduate students applying for research or
20    research-related support positions, and applicants for
21    positions of visiting researcher who are citizens of a
22    foreign country and who are not permanent residents of the
23    United States, or who are citizens and permanent residents
24    of the United States who have an affiliation with an
25    institution or program, or at least one year of prior

 

 

SB3728- 20 -LRB103 39056 AWJ 69193 b

1    employment or training, with the exception of employment
2    or training by the agency of the United States government,
3    in a country of concern. Such screening is required prior
4    to interviewing such applicants or offering to such an
5    applicant a position of employment or of visiting
6    researcher. At the discretion of the university or entity,
7    other applicants for such positions may be screened.
8        (2) In addition to satisfying all employment and
9    enrollment qualifications imposed by federal law, the
10    Board of Governors or governing board of the applicable
11    entity must require the following of applicants included
12    in paragraph (1):
13            (A) A foreign applicant must submit a complete
14        copy of the applicant's passport and most recently
15        submitted Online Nonimmigrant Visa Application
16        (DS-160). After extraction and submission of all
17        information relevant to the requirements of this
18        Section, a university or entity may destroy or return
19        the copy of the DS-160 submitted by an applicant to the
20        applicant.
21            (B) All applicants described in paragraph (1) must
22        submit:
23                (i) a complete resume and curriculum vitae,
24            including every institution of higher education
25            attended;
26                (ii) all previous employment since the

 

 

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1            applicant's eighteenth birthday;
2                (iii) a list of all published material for
3            which the applicant received credit as an author,
4            a researcher, or otherwise to which the applicant
5            contributed significant research, writing, or
6            editorial support;
7                (iv) a list of the applicant's current and
8            pending research funding from any source,
9            including funder, amount, applicant's role on the
10            project, and brief description of the research;
11                (v) a full disclosure of nonuniversity
12            professional activities, including an affiliation
13            with an institution or program in a country of
14            concern; and
15                (vi) for applicants who have been continually
16            employed or enrolled in a postsecondary education
17            institution in the United States for 20 years or
18            more, the resume may include employment history
19            before the most recent 20 years.
20        (3) The president or chief administrative officer of
21    the institute of higher education or affiliate
22    organization shall designate a research integrity office
23    to review all materials required in paragraph (2) and take
24    reasonable steps to verify all attendance, employment,
25    publications, and contributions listed in the application
26    required in paragraph (2). Reasonable steps include

 

 

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1    searching public databases for research publications and
2    presentations and public conflict of interest records to
3    identify a research publication or presentation that may
4    have been omitted from the application, contacting all
5    employers of the most recent 10 years to verify
6    employment, contacting all institutions of higher
7    education attended to verify enrollment and educational
8    progress, searching public listings of persons subject to
9    sanctions or restrictions under federal law, submitting
10    the applicant's name and other identifying information to
11    the Federal Bureau of Investigation or a federal agency
12    reasonably willing to scrutinize such applicant for
13    national security or counterespionage purposes, and any
14    other steps deemed appropriate to the office. The
15    institute of higher education or affiliate organization
16    may also direct the office to approve applicants for hire
17    based on a risk-based determination considering the nature
18    of the research and the background and ongoing
19    affiliations of the applicant.
20        (4) The requirements of this Section must be completed
21    before interviewing or offering a position to an
22    individual described in paragraph (1) in a research or
23    research-related support position and before granting such
24    individual any access to research data or activities or
25    other sensitive data. An applicant who must be screened
26    under this Section may not be employed in a research or

 

 

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1    research-related support position if he or she fails to
2    disclose a substantial educational, employment, or
3    research-related activity or publication or presentation
4    at the time of submitting an application required in
5    paragraph (2) unless the department head, or a designee,
6    certifies in writing the substance of the nondisclosure
7    and the reasons for disregarding such failure to disclose.
8    A copy of such certification must be kept in the
9    investigative file of the Executive Inspector General and
10    must be submitted to the nearest Federal Bureau of
11    Investigation field office.
12        (5) The Executive Inspector General must report to the
13    nearest Federal Bureau of Investigation field office, and
14    to any law enforcement agency designated by the Governor,
15    and to the governing board of the institution of higher
16    education or affiliate organization described in paragraph
17    (1), the identity of the applicant who was rejected for
18    employment based on the scrutiny required by this Section
19    or other risk-based screening.
20        (6) By December 31, 2025, the Executive Inspector
21    General, the State Board of Education, State Board Of
22    Higher education, and the Illinois Community College Board
23    must perform an operation audit regarding the
24    implementation of this Section.
25    (b) International travel approval and monitoring program.
26By December 31, 2025, each institution of higher education or

 

 

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1affiliate organization that has a research budget of
2$10,000,000 or more must establish an international travel
3approval and monitoring program. The program must require
4preapproval and screening by a research integrity office
5designated by the president or chief administrative officer of
6the institution of higher education or affiliate organization
7for an employment-related foreign travel and
8employment-related foreign activities engaged in by all
9faculty, researchers, and research department staff. Such
10requirement shall be in addition to any other travel approval
11process applicable to the institution of higher education or
12affiliate.
13    (c) Pre-approval requirements.
14        (1) Pre-approval by the research integrity office must
15    be based on the applicant's review and acknowledgment of
16    guidance published by the employing institution of higher
17    education or affiliate organization which relates to
18    countries of concern, countries under sanction, or other
19    restrictions or designations imposed by the State or the
20    United States government; including any federal licensing
21    requirements; customs rules; export controls; restrictions
22    on taking university or entity property, including
23    intellectual property, abroad; restrictions on
24    presentations, teaching, and interactions with foreign
25    colleagues; and other subjects important to the research
26    and academic integrity of the institution of higher

 

 

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1    education.
2        (2) Pre-approval must be based on the binding
3    commitment of the individual traveler not to violate the
4    institution of higher education's or affiliate
5    organization's limitations on travel and activities abroad
6    and to obey all applicable federal laws.
7    (d) Record maintenance. The institution of higher
8education or affiliate organization must maintain records of
9all foreign travel requests and approvals; expenses reimbursed
10by the university or affiliate organization during such
11travel, including for travel, food, and lodging; and payments
12and honoraria received during such travel and activities,
13including for travel, food, and lodging. The institution of
14higher education must also keep records of the purpose of the
15travel and any records related to the foreign activity review.
16Such records must be retained for at least 3 years or any
17longer period of time required by any other applicable State
18or federal law.
19    (e) Annual report. An institution of higher education or
20affiliate must provide an annual report of foreign travel to
21countries of concern listing individual travelers, foreign
22locations visited, and foreign institutions visited to the
23governing board of the applicable entity.
24    (f) Operational audit. By December 31, 2025, the Executive
25Inspector General, the State Board of Education, State Board
26Of Higher Education, or the Illinois Community College Board

 

 

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1must perform an operational audit regarding the implementation
2of this Section.
 
3    Section 30. Research Partnerships.
4    (a) Subject to the approval of the State Board of Higher
5Education and Illinois Community College Board, an institution
6of higher education shall only enter into a new or renew an
7existing academic partnership with an academic or research
8institution located in a country of concern if the institution
9of higher education maintains sufficient structural safeguards
10to protect the institution of higher education's intellectual
11property, the security of the State of Illinois, and the
12national security interests of the United States. The State
13Board of Higher Education and Illinois Community College Board
14shall only approve an institution of higher education's
15partnership if the institution's board, in consultation with
16the Attorney General, determines the partnership meets the
17safeguard requirements prescribed under this Section. The
18safeguard requirements shall include, at a minimum, all of the
19following:
20        (1) compliance with all federal requirements,
21    including the requirements of federal research sponsors
22    and federal export control agencies, including regulations
23    regarding international traffic in arms and export
24    administration regulations, and economic and trade
25    sanctions administered by the federal office of foreign

 

 

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1    assets control;
2        (2) annual formal institution-level programs for
3    faculty on conflicts of interest and conflicts of
4    commitment; and
5        (3) a formalized foreign visitor process and uniform
6    visiting scholar agreement.
7    (b) The State Board of Higher Education and Illinois
8Community College Board, in consultation with the Attorney
9General, may reject or terminate a research partnership
10between an institution of higher education and an academic or
11research institution located in a country of concern at any
12time and for any purpose.
 
13    Section 35. Intellectual property protections.
14    (a) Prohibitions.
15        (1) It is unlawful for a person to willfully and
16    without authorization obtain or use or attempt to obtain
17    or use a trade secret with the intent to either
18    temporarily or permanently:
19            (A) deprive or withhold from the owner thereof the
20        control or benefit of a trade secret; or
21            (B) appropriate a trade secret to the person's own
22        use or to the use of another person not entitled to the
23        trade secret.
24    (b) Penalties.
25        (1) A person who violates subsection (a) commits theft

 

 

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1    of a trade secret, a Class X felony.
2        (2) A person who traffics in or attempts to traffic in
3    a trade secret that the person knows or should know was
4    obtained or used without authorization commits trafficking
5    in trade secrets, a Class X felony.
6        (3) Whenever a person is charged with a violation of
7    paragraph (1) or (2) that was committed with the intent to
8    benefit a foreign government, a foreign agent, or a
9    foreign instrumentality, the offense for which the person
10    is charged shall be classified as follows:
11            (A) In the case of theft of a trade secret, a Class
12        X felony.
13            (B) In the case of trafficking in trade secrets, a
14        Class X felony.
 
15    Section 90. Home rule. A home rule unit may not regulate
16gifts and contracts from foreign countries of concern in a
17manner inconsistent with this Act. This Act is a limitation
18under subsection (i) of Section 6 of Article VII of the
19Illinois Constitution on the concurrent exercise by home rule
20units of powers and functions exercised by the State.
 
21    Section 97. Severability. The provisions of this Act are
22severable under Section 1.31 of the Statute on Statutes.

 
23    Section 900. The State Officials and Employees Ethics Act

 

 

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1is amended by changing Section 20-10 as follows:
 
2    (5 ILCS 430/20-10)
3    Sec. 20-10. Offices of Executive Inspectors General.
4    (a) Five independent Offices of the Executive Inspector
5General are created, one each for the Governor, the Attorney
6General, the Secretary of State, the Comptroller, and the
7Treasurer. Each Office shall be under the direction and
8supervision of an Executive Inspector General and shall be a
9fully independent office with separate appropriations.
10    (b) The Governor, Attorney General, Secretary of State,
11Comptroller, and Treasurer shall each appoint an Executive
12Inspector General, without regard to political affiliation and
13solely on the basis of integrity and demonstrated ability.
14Appointments shall be made by and with the advice and consent
15of the Senate by three-fifths of the elected members
16concurring by record vote. Any nomination not acted upon by
17the Senate within 60 session days of the receipt thereof shall
18be deemed to have received the advice and consent of the
19Senate. If, during a recess of the Senate, there is a vacancy
20in an office of Executive Inspector General, the appointing
21authority shall make a temporary appointment until the next
22meeting of the Senate when the appointing authority shall make
23a nomination to fill that office. No person rejected for an
24office of Executive Inspector General shall, except by the
25Senate's request, be nominated again for that office at the

 

 

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1same session of the Senate or be appointed to that office
2during a recess of that Senate.
3    Nothing in this Article precludes the appointment by the
4Governor, Attorney General, Secretary of State, Comptroller,
5or Treasurer of any other inspector general required or
6permitted by law. The Governor, Attorney General, Secretary of
7State, Comptroller, and Treasurer each may appoint an existing
8inspector general as the Executive Inspector General required
9by this Article, provided that such an inspector general is
10not prohibited by law, rule, jurisdiction, qualification, or
11interest from serving as the Executive Inspector General
12required by this Article. An appointing authority may not
13appoint a relative as an Executive Inspector General.
14    Each Executive Inspector General shall have the following
15qualifications:
16        (1) has not been convicted of any felony under the
17    laws of this State, another State, or the United States;
18        (2) has earned a baccalaureate degree from an
19    institution of higher education; and
20        (3) has 5 or more years of cumulative service (A) with
21    a federal, State, or local law enforcement agency, at
22    least 2 years of which have been in a progressive
23    investigatory capacity; (B) as a federal, State, or local
24    prosecutor; (C) as a senior manager or executive of a
25    federal, State, or local agency; (D) as a member, an
26    officer, or a State or federal judge; or (E) representing

 

 

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1    any combination of items (A) through (D).
2    The term of each initial Executive Inspector General shall
3commence upon qualification and shall run through June 30,
42008. The initial appointments shall be made within 60 days
5after the effective date of this Act.
6    After the initial term, each Executive Inspector General
7shall serve for 5-year terms commencing on July 1 of the year
8of appointment and running through June 30 of the fifth
9following year. An Executive Inspector General may be
10reappointed to one or more subsequent terms.
11    A vacancy occurring other than at the end of a term shall
12be filled by the appointing authority only for the balance of
13the term of the Executive Inspector General whose office is
14vacant.
15    Terms shall run regardless of whether the position is
16filled.
17    (c) The Executive Inspector General appointed by the
18Attorney General shall have jurisdiction over the Attorney
19General and all officers and employees of, and vendors and
20others doing business with, State agencies within the
21jurisdiction of the Attorney General. The Executive Inspector
22General appointed by the Secretary of State shall have
23jurisdiction over the Secretary of State and all officers and
24employees of, and vendors and others doing business with,
25State agencies within the jurisdiction of the Secretary of
26State. The Executive Inspector General appointed by the

 

 

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1Comptroller shall have jurisdiction over the Comptroller and
2all officers and employees of, and vendors and others doing
3business with, State agencies within the jurisdiction of the
4Comptroller. The Executive Inspector General appointed by the
5Treasurer shall have jurisdiction over the Treasurer and all
6officers and employees of, and vendors and others doing
7business with, State agencies within the jurisdiction of the
8Treasurer. The Executive Inspector General appointed by the
9Governor shall have jurisdiction over (i) the Governor, (ii)
10the Lieutenant Governor, (iii) all officers and employees of,
11and vendors and others doing business with, executive branch
12State agencies under the jurisdiction of the Executive Ethics
13Commission and not within the jurisdiction of the Attorney
14General, the Secretary of State, the Comptroller, or the
15Treasurer, (iv) all board members and employees of the
16Regional Transit Boards and all vendors and others doing
17business with the Regional Transit Boards, and (v) all board
18members and employees of the Regional Development Authorities
19and all vendors and others doing business with the Regional
20Development Authorities, and (vi) entities to which the
21Executive Inspector General was given jurisdiction over in the
22Research, Education, and Government Operations Protection Act.
23    The jurisdiction of each Executive Inspector General is to
24investigate allegations of fraud, waste, abuse, mismanagement,
25misconduct, nonfeasance, misfeasance, malfeasance, or
26violations of this Act or violations of other related laws and

 

 

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1rules.
2    Each Executive Inspector General shall have jurisdiction
3over complainants in violation of subsection (e) of Section
420-63 for disclosing a summary report prepared by the
5respective Executive Inspector General.
6    (d) The compensation for each Executive Inspector General
7shall be determined by the Executive Ethics Commission and
8shall be provided from appropriations made to the Comptroller
9for this purpose. For terms of office beginning on or after
10July 1, 2023, each Executive Inspector General shall receive,
11on July 1 of each year, beginning on July 1, 2024, an increase
12in salary based on a cost of living adjustment as authorized by
13Senate Joint Resolution 192 of the 86th General Assembly.
14Subject to Section 20-45 of this Act, each Executive Inspector
15General has full authority to organize his or her Office of the
16Executive Inspector General, including the employment and
17determination of the compensation of staff, such as deputies,
18assistants, and other employees, as appropriations permit. A
19separate appropriation shall be made for each Office of
20Executive Inspector General.
21    (e) No Executive Inspector General or employee of the
22Office of the Executive Inspector General may, during his or
23her term of appointment or employment:
24        (1) become a candidate for any elective office;
25        (2) hold any other elected or appointed public office
26    except for appointments on governmental advisory boards or

 

 

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1    study commissions or as otherwise expressly authorized by
2    law;
3        (3) be actively involved in the affairs of any
4    political party or political organization; or
5        (4) advocate for the appointment of another person to
6    an appointed or elected office or position or actively
7    participate in any campaign for any elective office.
8    In this subsection an appointed public office means a
9position authorized by law that is filled by an appointing
10authority as provided by law and does not include employment
11by hiring in the ordinary course of business.
12    (e-1) No Executive Inspector General or employee of the
13Office of the Executive Inspector General may, for one year
14after the termination of his or her appointment or employment:
15        (1) become a candidate for any elective office;
16        (2) hold any elected public office; or
17        (3) hold any appointed State, county, or local
18    judicial office.
19    (e-2) The requirements of item (3) of subsection (e-1) may
20be waived by the Executive Ethics Commission.
21    (f) An Executive Inspector General may be removed only for
22cause and may be removed only by the appointing constitutional
23officer. At the time of the removal, the appointing
24constitutional officer must report to the Executive Ethics
25Commission the justification for the removal.
26(Source: P.A. 102-558, eff. 8-20-21; 102-1115, eff. 1-9-23;

 

 

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1103-517, eff. 8-11-23.)
 
2    Section 905. The Whistleblower Act is amended by changing
3Section 15 as follows:
 
4    (740 ILCS 174/15)
5    Sec. 15. Retaliation for certain disclosures prohibited.
6    (a) An employer may not retaliate against an employee who
7discloses information in a court, an administrative hearing,
8or before a legislative commission or committee, or in any
9other proceeding, where the employee has reasonable cause to
10believe that the information discloses a violation of a State
11or federal law, rule, or regulation.
12    (b) An employer may not retaliate against an employee for
13disclosing information to a government or law enforcement
14agency, where the employee has reasonable cause to believe
15that the information discloses a violation of a State or
16federal law, rule, or regulation.
17    A State agency, political subdivision, institution of K-12
18education, or institution of higher education, as those terms
19are defined in Section 10 of the Research, Education, and
20Government Operations Protection Act, may not retaliate
21against any person, whether or not that person is an employee
22of the agency, political subdivision, or institution, for
23disclosing information under the Research, Education, and
24Government Operations Protection Act if the employee has

 

 

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1reasonable cause to believe that the information discloses a
2violation of State or federal law, rule, or regulation.
3(Source: P.A. 95-128, eff. 1-1-08.)
 
4    Section 999. Effective date. This Act takes effect January
51, 2025.