Bill Text: IL SB3728 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-09 - Referred to Assignments [SB3728 Detail]

Download: Illinois-2023-SB3728-Introduced.html

---

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
SB3728 LRB103 39056 AWJ 69193 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Research, Education, and Government Operations Protection Act.
Section 5. Purpose. The purpose of this Act is to protect
Illinois' research, educational system, and government
operations from malicious influence from foreign countries of
concern.
Section 10. Definitions. As used in this Act:
"Affiliate organization" means an entity under the control
of or established for the benefit of an organization required
to report under the Act, including a direct-support
organization.
"Agreement" means a written or spoken statement of mutual
interest in cultural exchange or academic or research
collaboration.
"Country of concern" means the People's Republic of China,
the Russian Federation, the Islamic Republic of Iran, the
Democratic People's Republic of Korea, the Republic of Cuba,
the Venezuelan regime of Nicolás Maduro, the Syrian Arab
Republic, a foreign terrorist organization as designated by

SB3728 - 2 - LRB103 39056 AWJ 69193 b
the Secretary of State under Section 219 of the Immigration
and Naturalization Act (8 U.S.C. 1189), including an agent of
or any other entity under significant control of such an
entity, or any other entity declared by the Governor to be a
"country of concern" after consultation with the Director of
the Illinois Emergency Management Agency and Office of
Homeland Security.
"Direct-support organization" means an organization that
is organized and operated to receive, hold, invest, and
administer property and to make expenditures to or for the
benefit of an institution of higher education or for the
benefit of a research and development park or research and
development authority affiliated with an institution of higher
education.
"Executive Inspector General" means the Executive
Inspector General for the Agencies of the Illinois Governor.
"Foreign agent" means an officer, employee, proxy,
servant, delegate, or representative of a foreign government.
"Foreign government" means the government of a country,
nation, or group of nations, or a province or other political
subdivision of a country or nation, including an agent of the
government, other than the government of the United States.
"Foreign instrumentality" means an agency, bureau,
ministry, component, institution, association or a legal,
commercial, or business organization, corporation, firm, or
entity that is substantially owned, controlled, sponsored,

SB3728 - 3 - LRB103 39056 AWJ 69193 b
commanded, managed, or dominated by a foreign government.
"Foreign source" means any of the following:
(1) A foreign government or an agency of a foreign
government.
(2) A legal entity, governmental or otherwise, created
solely under the laws of a foreign state or states.
(3) An individual who is not a citizen or a national of
the United States or a territory or protectorate of the
United States.
(4) A partnership, association, corporation,
organization, or any other combination of persons
organized under the laws of or having its principal place
of business in a country of concern or subsidiary of such
entity.
(5) An agent, including a subsidiary or an affiliate
organization of a foreign legal entity, acting on behalf
of a foreign government or foreign instrumentality.
(6) A political party or member of a political party.
For the purposes of this paragraph, "political party"
means an organization or combination of individuals whose
aim or purpose is, or who is engaged in an activity devoted
in whole or in part to, the establishment, administration,
control, or acquisition of administration or control of a
government of a country of concern or a subdivision
thereof, or the furtherance or influencing of the
political or public interest, policies, or relations of a

SB3728 - 4 - LRB103 39056 AWJ 69193 b
government of a country of concern of subdivision thereof.
"Gift" means money or property of any kind voluntarily
transferred, granted, endowed, awarded, donated, or any
combination thereof, including a conditional or unconditional
pledge of a voluntarily transfer, endowment, award, or
donation. As used in this definition, "pledge" means a
promise, an agreement, or an expressed intention to give a
gift, and "grant" means a transfer of money for a specified
purpose, including a conditional gift.
"Institution of higher education" means a public
institution of higher education, as that term is defined in
Section 5 of the Public Higher Education Act.
"Institution of K-12 education" means a public school, as
that term is defined in Section 1-3 of the School Code.
"Obtain or use" means any manner of:
(A) taking or exercising unlawful control over
property;
(B) making an unauthorized use, disposition, or
transfer of property;
(C) obtaining property by fraud, willful
misrepresentation of a future act, or false promise; or
(D) conduct generally known as stealing; larceny,
purloining, abstracting, embezzlement, misapplication,
misappropriation, conversion, or obtaining money or
property by false pretenses, fraud, or deception or other
conduct similar in nature.

SB3728 - 5 - LRB103 39056 AWJ 69193 b
"Partnership" means, as used in Section 15, a faculty or
student exchange program, a study-abroad program, a
matriculation program, a recruiting program, or a dual degree
program.
"Person" means a natural person, corporation, business
trust, estate, trust, partnership, association, joint venture,
government, governmental subdivision or agency, or any other
legal or commercial entity.
"State agency or political subdivision" means an agency or
unit of the State or a unit of local government created or
established by law.
"Trade secret" means the whole or a portion or phase of a
formula, pattern, device, combination of devices, or
compilation of information which is for use, or is used, in the
operation of a business and which provides the business an
advantage, or an opportunity to obtain an advantage, over
those who do not know or use it. "Trade secret" includes
scientific, technical, or commercial information, including
financial information, and includes a design, process,
procedure, list of suppliers, list of customers, business
code, or improvement thereof, whether tangible or intangible,
and regardless of whether or how it is stored, compiled, or
memorialized physically, electronically, graphically,
photographically, or in writing. "Trade secret" also includes,
irrespective of novelty, invention, patentability, the state
of the prior art, and the level of skill in the business, art,

SB3728 - 6 - LRB103 39056 AWJ 69193 b
or field to which the subject matter pertains, the following
elements:
(1) a secret;
(2) of value;
(3) for use or in use by the business; and
(4) of advantage to the business, or providing an
opportunity to obtain an advantage, over those who do not
know or use it when the owner thereof takes measures to
prevent it from becoming available to persons other than
those selected by the owner to have access thereto for
limited purposes.
"Traffic" means, as used in Section 30:
(1) to sell, transfer, distribute, dispense, or
otherwise dispose of property; or
(2) to buy, receive, possess, obtain control of, or
use property with the intent to sell, transfer,
distribute, dispense, or otherwise dispose of such
property.
Section 15. Gift and contract reporting requirements for
countries of concern.
(a) Disclosure requirements for past gifts from countries
of concern.
(1) A State agency, political subdivision, institution
of K-12 education, or institution of higher education that
has received directly or indirectly a gift with any value

SB3728 - 7 - LRB103 39056 AWJ 69193 b
from a foreign source from a country of concern after
January 1, 2025 shall disclose such gifts to the Executive
Inspector General by March 1, 2025:
(2) Unless otherwise prohibited or deemed confidential
under State or federal law, such disclosure shall include
the date of the gift, the amount of the gift, the purpose
of the gift, the identification of the persons for whom
the gift is explicitly intended to benefit, any applicable
conditions, requirements, restrictions, or terms made part
of the gift, the name and country of residence or domicile
of the foreign source, the name and mailing address of the
disclosing entity, and, as applicable, the date of
termination of the gift.
(3) The Executive Inspector General shall maintain a
public web portal to disclose information on past gifts
from countries of concern.
(4) Under this subsection, a gift received from a
foreign source through an intermediary or affiliate
organization shall be considered an indirect gift to the
State agency, political subdivision, institution of K-12
education, or institution of higher education and is
subject to the disclosure process described in this
subsection.
(5) Upon the request of the Governor, the President of
the Senate, or the Speaker of the House of
Representatives, the Executive Inspector General must

SB3728 - 8 - LRB103 39056 AWJ 69193 b
inspect or audit a past gift or gift agreement.
(b) Approval requirements for future gifts from countries
of concern.
(1) A State agency, political subdivision, institution
of K-12 education, or institution of higher education that
has been offered directly or indirectly a gift with any
value from a foreign source from a country of concern
after January 1, 2025 shall disclose such gift. State
agencies and other political subdivisions, including
institutions of K-12 education and institutions of higher
education, shall disclose such gifts to the Executive
Inspector General before accepting such gifts.
(2) Unless otherwise prohibited or deemed confidential
under State or federal law, such disclosure shall include
the date of the gift, the amount of the gift, the purpose
of the gift, the identification of the persons for whom
the gift is explicitly intended to benefit, any applicable
conditions, requirements, restrictions, or terms made part
of the gift, the name and country of residence or domicile
of the foreign source, the name and mailing address of the
disclosing entity, and, as applicable, the date of
termination of the gift.
(3) Within 30 days after receiving the disclosure of
the proposed gift, the Executive Inspector General shall
issue a final decision to the relevant State agency,
political subdivision, institution of K-12 education, or

SB3728 - 9 - LRB103 39056 AWJ 69193 b
institution of higher education on whether and under what
conditions the relevant State agency, political
subdivision, institution of K-12 education, or institution
of higher education may accept the gift as follows:
(A) The Executive Inspector General shall develop
disclosure forms, rules, and procedures for deciding
upon whether to allow a State agency, political
subdivision, institution of K-12 education, or
institution of higher education to accept gifts from
countries of concern.
(B) The Executive Inspector General shall maintain
a public web portal disclosing proposed and accepted
gifts from countries of concern described in this
Section, along with the Executive Inspector General's
final decision on whether to allow the relevant State
agency, political subdivision, institution of K-12
education, or institution of higher education to
accept the gift.
(4) Under this subsection, a gift received from a
foreign source through an intermediary shall be considered
an indirect gift with the State agency, political
subdivision, institution of K-12 education, or institution
of higher education and is subject to the approval process
described in this subsection.
(5) Upon the request of the Governor, the President of
the Senate, or the Speaker of the House of

SB3728 - 10 - LRB103 39056 AWJ 69193 b
Representatives, the Executive Inspector General must
inspect or audit a gift or gift agreement.
(c) Disclosure requirements for past contracts from
countries of concern
(1) A State agency, political subdivision, institution
of K-12 education, or institution of higher education that
has entered into directly or indirectly a contract with
any value from a foreign source from a country of concern
before January 1, 2025 shall disclose such contracts to
the Executive Inspector General by March 1, 2025.
(2) Unless otherwise prohibited or deemed confidential
under State or federal law, such disclosure shall include
the date of the contract, the amount of the contract, the
purpose of the contract, the identification of the persons
for whom the contract is explicitly intended to benefit,
any applicable conditions, requirements, restrictions, or
terms made part of the contract, a copy of the contract,
the name and country of residence or domicile of the
foreign source, the name and mailing address of the
disclosing entity, and, as applicable, the date of
termination of the contract.
(3) Under this subsection, a contract entered into
with a foreign source through an intermediary or affiliate
organization shall be considered an indirect contract to
the State agency, political subdivision, institution of
K-12 education, or institution of higher education and is

SB3728 - 11 - LRB103 39056 AWJ 69193 b
subject to the disclosure process described in this
subsection.
(4) The Executive Inspector General shall maintain a
public web portal to disclose information on past proposed
and entered into contracts from countries of concern.
(5) Upon the request of the Governor, the President of
the Senate, or the Speaker of the House of
Representatives, the Executive Inspector General must
inspect or audit a past contract.
(d) Approval requirements for future contracts from
countries of concern
(1) A State agency, political subdivision, institution
of K-12 education, or institution of higher education that
has been offered or has proposed directly or indirectly a
contract with any value from or with a foreign source from
a country of concern after January 1, 2025 shall disclose
such proposed contract to the Executive Inspector General
before entering into such contract.
(2) Unless otherwise prohibited or deemed confidential
under State or federal law, such disclosure shall include
the date of the gift, the amount of the gift, the purpose
of the gift, the identification of the persons for whom
the gift is explicitly intended to benefit, any applicable
conditions, requirements, restrictions, or terms made part
of the gift, the name and country of residence or domicile
of the foreign source, the name and mailing address of the

SB3728 - 12 - LRB103 39056 AWJ 69193 b
disclosing entity, and, as applicable, the date of
termination of the gift.
(3) Within 30 days of receiving the disclosure of the
proposed gift, the Executive Inspector General shall issue
a final decision to the relevant State agency, political
subdivision, institution of K-12 education, or institution
of higher education on whether and under what conditions
the relevant State agency, political subdivision,
institution of K-12 education, or institution of higher
education may accept the gift as follows:
(A) The Executive Inspector General shall develop
disclosure forms, rules, and procedures for deciding
upon whether to allow State agencies or political
subdivisions to accept gifts from countries of
concern.
(B) The Executive Inspector General shall maintain
a public web portal disclosing proposed gifts from
countries of concern and information on past proposed
and entered into contracts from countries of concern
described in this Section, along with the Executive
Inspector General's final decision on whether to allow
the relevant State agency or political subdivision to
accept the gift.
(4) Under this subsection, a contract proposed from a
foreign source through an intermediary or affiliate
organization shall be considered an indirect contract with

SB3728 - 13 - LRB103 39056 AWJ 69193 b
the State agency, political subdivision, institution of
K-12 education, or institution of higher education and is
subject to the approval process described in this
subsection.
(5) Upon the request of the Governor, the President of
the Senate, or the Speaker of the House of
Representatives, the Executive Inspector General must
inspect or audit a contract agreement.
(e) Enforcement, penalties, and rewards.
(1) Upon receiving a referral from the a compliance
officer of a State agency, political subdivision,
institution of K-12 education, or institution of higher
education or a sworn complaint based upon substantive
information and reasonable belief, the Executive Inspector
General must investigate an allegation of violation of
this Act. The Executive Inspector General may request
records relevant to a reasonable suspicion of a violation
of this Act. The entity with whom records were requested
must provide the required records within 10 days after
such request or at a later time agreed to by the
investigating State agency, political subdivision,
institution of K-12 education, or institution of higher
education.
(2) Except as provided by paragraph (4), failure to
make a disclosure required under this Act or failure to
provide records requested under paragraph (1) constitutes

SB3728 - 14 - LRB103 39056 AWJ 69193 b
a civil violation punishable upon a final administrative
finding with a civil penalty of $10,000 for a first
violation or $20,000 for a subsequent violation. The
Executive Inspector General may assess the penalty after a
hearing after notice to the State agency, political
subdivision, institution of K-12 education, or institution
of higher education with an opportunity of the agency,
political subdivision, or institution to be heard. The
Attorney General may bring an action in circuit court to
enforce a civil penalty assessed under this paragraph. If
the State is the prevailing party, the State is entitled
to costs and reasonable attorney's fees.
(3) In addition to a civil penalty assessed under
paragraph (2), a final order determining a violation by
the Executive Inspector General must include a
determination of the identity of the officer responsible
for acceptance of the undisclosed gift. Such order must
also include a referral by the Executive Inspector General
to the Governor or other officer authorized to suspend or
remove from public office the officer responsible for
acceptance of the undisclosed gift. A copy of such
referral must be provided to the President of the Senate
and the Speaker of the House of Representatives for
oversight of such suspension and removal authority.
(4) An institution of K-12 education or an institution
of higher education that knowingly, willfully, or

SB3728 - 15 - LRB103 39056 AWJ 69193 b
negligently fails to disclose the information required by
this subsection shall be subject to a civil penalty of
105% of the amount of the undisclosed gift or contract,
payable only from non-State funds of the institution of
K-12 education or institution of higher education or the
affiliate organization that received such gift. The
recovered funds must be deposited into the General Revenue
Fund. The Executive Inspector General may enforce this
subsection and impose the civil penalty as provided in
paragraph (2).
(5) A whistleblower who reports an undisclosed foreign
gift or contract to the Executive Inspector General may
also report such undisclosed gift or contract to the
Attorney General or a State agency, political subdivision,
institution of K-12 education, or institution of higher
education and retain whistleblower protection under the
Whistleblower Act or State Officials and Employees Ethics
Act, as applicable. Such whistleblower shall be entitled
to receive a reward in the amount of 25% of any penalty
recovered by the Executive Inspector General or the
Attorney General under this subsection. The Executive
Inspector General or the Attorney General may incur
expenditures to provide such reward from the penalty
recovery. The reward may be paid through an intermediate
attorney or trustee designated by the whistleblower.
(f) Information reported under subsection (a) is not

SB3728 - 16 - LRB103 39056 AWJ 69193 b
confidential or exempt from disclosure under the Freedom of
Information Act, except as otherwise provided by law,
including laws protecting trade secrets.
(g) The Executive Inspector General may adopt rules to
implement this Section.
Section 20. International cultural agreements and student
associations within educational institutions.
(a) International cultural agreements and student
associations within institutions of K-12 education or
institutions of higher education are restricted as follows:
(1) An institution of K-12 education or institution of
higher education may not participate in a cultural
exchange agreement with a foreign source from a country of
concern, or an entity controlled by a country of concern,
that:
(A) constrains the freedom of contract of such
public entity;
(B) allows the curricula or values of a program in
the State to be directed, controlled, or influenced by
the country of concern; or
(C) promotes an agenda detrimental to the safety
or security of Illinois, its residents, or the United
States.
(2) Prior to the execution of a cultural exchange
agreement with a foreign source from a country of concern,

SB3728 - 17 - LRB103 39056 AWJ 69193 b
the substance of the agreement shall be shared with
federal agencies concerned with protecting national
security or enforcing trade sanctions, embargoes, or other
restrictions under federal law. If a federal agency
provides information suggesting that such an agreement
promotes an agenda detrimental to the safety or security
of Illinois, the United States, or its residents, the
institution of K-12 education or institution of higher
education may not enter into the agreement.
(3) Prior to the execution of a cultural exchange
agreement with a foreign source from a country of concern,
the substance of the agreement shall be shared with the
Executive Inspector General. If the Executive Inspector
General provides information suggesting that such an
agreement promotes an agenda detrimental to the safety or
security of Illinois, the United States, or its residents,
the institution of K-12 education or institution of higher
education may not enter into the agreement.
(4) Each institution of higher education shall submit
the information required in paragraph (5) to each
institution's board and each institution of K-12 education
shall submit the information required in paragraph (5) to
the State Board of Education, respectively, by July 1,
2025, and on each July 1 thereafter.
(5) By December 1, 2025, and each December 1
thereafter, the State Board of Higher Education, the

SB3728 - 18 - LRB103 39056 AWJ 69193 b
Illinois Community College Board, and the State Board of
Education, respectively, shall submit a report to the
Governor, the President of the Senate, and the Speaker of
the House of Representatives relating to partnerships and
agreements of institutions of K-12 education and
institutions of higher education made with educational
institutions or other institutions based in countries of
concern. At a minimum, the report must include the
following information for the previous fiscal year:
(A) Data reflecting a grant program, agreement,
partnership, or contract between an institution of
higher education and a college, university, or entity
that is based in or controlled by a country of concern
or foreign principal.
(B) Data reflecting an office, campus, or physical
location used or maintained by an institution of
higher education in a country of concern or foreign
principal.
(C) The date on which a grant program, agreement,
partnership, or contract reported pursuant to
subparagraph (A) is expected to terminate.
(6) No students' or scholars' association affiliated
with an institution of K-12 education or an institution of
higher education may accept a gift or grant from a foreign
source from a country of concern or enter into a contract
or agreement with a foreign source from a country of

SB3728 - 19 - LRB103 39056 AWJ 69193 b
concern, subject to the following:
(A) The institution of K-12 education or
institution of higher education must end any
affiliation with the student or scholars' association
if the student or scholars' association violates this
paragraph (6).
(B) Member dues or fees received are not a gift or
grant from a foreign source from a country of concern.
(b) The State Board of Higher Education, the Illinois
Community College Board, and the State Board of Education
shall adopt rules to administer this Section.
Section 25. Higher education research; foreign travel
screening.
(a) Screening requirements and disclosure.
(1) Each institute of higher education or affiliate
organization that has a research budget of $10,000,000 or
more must screen applicants seeking employment in research
or research-related support positions, graduate and
undergraduate students applying for research or
research-related support positions, and applicants for
positions of visiting researcher who are citizens of a
foreign country and who are not permanent residents of the
United States, or who are citizens and permanent residents
of the United States who have an affiliation with an
institution or program, or at least one year of prior

SB3728 - 20 - LRB103 39056 AWJ 69193 b
employment or training, with the exception of employment
or training by the agency of the United States government,
in a country of concern. Such screening is required prior
to interviewing such applicants or offering to such an
applicant a position of employment or of visiting
researcher. At the discretion of the university or entity,
other applicants for such positions may be screened.
(2) In addition to satisfying all employment and
enrollment qualifications imposed by federal law, the
Board of Governors or governing board of the applicable
entity must require the following of applicants included
in paragraph (1):
(A) A foreign applicant must submit a complete
copy of the applicant's passport and most recently
submitted Online Nonimmigrant Visa Application
(DS-160). After extraction and submission of all
information relevant to the requirements of this
Section, a university or entity may destroy or return
the copy of the DS-160 submitted by an applicant to the
applicant.
(B) All applicants described in paragraph (1) must
submit:
(i) a complete resume and curriculum vitae,
including every institution of higher education
attended;
(ii) all previous employment since the

SB3728 - 21 - LRB103 39056 AWJ 69193 b
applicant's eighteenth birthday;
(iii) a list of all published material for
which the applicant received credit as an author,
a researcher, or otherwise to which the applicant
contributed significant research, writing, or
editorial support;
(iv) a list of the applicant's current and
pending research funding from any source,
including funder, amount, applicant's role on the
project, and brief description of the research;
(v) a full disclosure of nonuniversity
professional activities, including an affiliation
with an institution or program in a country of
concern; and
(vi) for applicants who have been continually
employed or enrolled in a postsecondary education
institution in the United States for 20 years or
more, the resume may include employment history
before the most recent 20 years.
(3) The president or chief administrative officer of
the institute of higher education or affiliate
organization shall designate a research integrity office
to review all materials required in paragraph (2) and take
reasonable steps to verify all attendance, employment,
publications, and contributions listed in the application
required in paragraph (2). Reasonable steps include

SB3728 - 22 - LRB103 39056 AWJ 69193 b
searching public databases for research publications and
presentations and public conflict of interest records to
identify a research publication or presentation that may
have been omitted from the application, contacting all
employers of the most recent 10 years to verify
employment, contacting all institutions of higher
education attended to verify enrollment and educational
progress, searching public listings of persons subject to
sanctions or restrictions under federal law, submitting
the applicant's name and other identifying information to
the Federal Bureau of Investigation or a federal agency
reasonably willing to scrutinize such applicant for
national security or counterespionage purposes, and any
other steps deemed appropriate to the office. The
institute of higher education or affiliate organization
may also direct the office to approve applicants for hire
based on a risk-based determination considering the nature
of the research and the background and ongoing
affiliations of the applicant.
(4) The requirements of this Section must be completed
before interviewing or offering a position to an
individual described in paragraph (1) in a research or
research-related support position and before granting such
individual any access to research data or activities or
other sensitive data. An applicant who must be screened
under this Section may not be employed in a research or

SB3728 - 23 - LRB103 39056 AWJ 69193 b
research-related support position if he or she fails to
disclose a substantial educational, employment, or
research-related activity or publication or presentation
at the time of submitting an application required in
paragraph (2) unless the department head, or a designee,
certifies in writing the substance of the nondisclosure
and the reasons for disregarding such failure to disclose.
A copy of such certification must be kept in the
investigative file of the Executive Inspector General and
must be submitted to the nearest Federal Bureau of
Investigation field office.
(5) The Executive Inspector General must report to the
nearest Federal Bureau of Investigation field office, and
to any law enforcement agency designated by the Governor,
and to the governing board of the institution of higher
education or affiliate organization described in paragraph
(1), the identity of the applicant who was rejected for
employment based on the scrutiny required by this Section
or other risk-based screening.
(6) By December 31, 2025, the Executive Inspector
General, the State Board of Education, State Board Of
Higher education, and the Illinois Community College Board
must perform an operation audit regarding the
implementation of this Section.
(b) International travel approval and monitoring program.
By December 31, 2025, each institution of higher education or

SB3728 - 24 - LRB103 39056 AWJ 69193 b
affiliate organization that has a research budget of
$10,000,000 or more must establish an international travel
approval and monitoring program. The program must require
preapproval and screening by a research integrity office
designated by the president or chief administrative officer of
the institution of higher education or affiliate organization
for an employment-related foreign travel and
employment-related foreign activities engaged in by all
faculty, researchers, and research department staff. Such
requirement shall be in addition to any other travel approval
process applicable to the institution of higher education or
affiliate.
(c) Pre-approval requirements.
(1) Pre-approval by the research integrity office must
be based on the applicant's review and acknowledgment of
guidance published by the employing institution of higher
education or affiliate organization which relates to
countries of concern, countries under sanction, or other
restrictions or designations imposed by the State or the
United States government; including any federal licensing
requirements; customs rules; export controls; restrictions
on taking university or entity property, including
intellectual property, abroad; restrictions on
presentations, teaching, and interactions with foreign
colleagues; and other subjects important to the research
and academic integrity of the institution of higher

SB3728 - 25 - LRB103 39056 AWJ 69193 b
education.
(2) Pre-approval must be based on the binding
commitment of the individual traveler not to violate the
institution of higher education's or affiliate
organization's limitations on travel and activities abroad
and to obey all applicable federal laws.
(d) Record maintenance. The institution of higher
education or affiliate organization must maintain records of
all foreign travel requests and approvals; expenses reimbursed
by the university or affiliate organization during such
travel, including for travel, food, and lodging; and payments
and honoraria received during such travel and activities,
including for travel, food, and lodging. The institution of
higher education must also keep records of the purpose of the
travel and any records related to the foreign activity review.
Such records must be retained for at least 3 years or any
longer period of time required by any other applicable State
or federal law.
(e) Annual report. An institution of higher education or
affiliate must provide an annual report of foreign travel to
countries of concern listing individual travelers, foreign
locations visited, and foreign institutions visited to the
governing board of the applicable entity.
(f) Operational audit. By December 31, 2025, the Executive
Inspector General, the State Board of Education, State Board
Of Higher Education, or the Illinois Community College Board

SB3728 - 26 - LRB103 39056 AWJ 69193 b
must perform an operational audit regarding the implementation
of this Section.
Section 30. Research Partnerships.
(a) 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 if the institution
of higher education maintains sufficient structural safeguards
to protect the institution of higher education's intellectual
property, the security of the State of Illinois, and the
national security interests of the United States. The State
Board of Higher Education and Illinois Community College Board
shall only approve an institution of higher education's
partnership if the institution's board, in consultation with
the Attorney General, determines the partnership meets the
safeguard requirements prescribed under this Section. The
safeguard requirements shall include, at a minimum, all of the
following:
(1) compliance with all federal requirements,
including the requirements of federal research sponsors
and federal export control agencies, including regulations
regarding international traffic in arms and export
administration regulations, and economic and trade
sanctions administered by the federal office of foreign

SB3728 - 27 - LRB103 39056 AWJ 69193 b
assets control;
(2) annual formal institution-level programs for
faculty on conflicts of interest and conflicts of
commitment; and
(3) a formalized foreign visitor process and uniform
visiting scholar agreement.
(b) The State Board of Higher Education and Illinois
Community College Board, in consultation with the Attorney
General, may reject or terminate a research partnership
between an institution of higher education and an academic or
research institution located in a country of concern at any
time and for any purpose.
Section 35. Intellectual property protections.
(a) Prohibitions.
(1) It is unlawful for a person to willfully and
without authorization obtain or use or attempt to obtain
or use a trade secret with the intent to either
temporarily or permanently:
(A) deprive or withhold from the owner thereof the
control or benefit of a trade secret; or
(B) appropriate a trade secret to the person's own
use or to the use of another person not entitled to the
trade secret.
(b) Penalties.
(1) A person who violates subsection (a) commits theft

SB3728 - 28 - LRB103 39056 AWJ 69193 b
of a trade secret, a Class X felony.
(2) A person who traffics in or attempts to traffic in
a trade secret that the person knows or should know was
obtained or used without authorization commits trafficking
in trade secrets, a Class X felony.
(3) Whenever a person is charged with a violation of
paragraph (1) or (2) that was committed with the intent to
benefit a foreign government, a foreign agent, or a
foreign instrumentality, the offense for which the person
is charged shall be classified as follows:
(A) In the case of theft of a trade secret, a Class
X felony.
(B) In the case of trafficking in trade secrets, a
Class X felony.
Section 90. Home rule. A home rule unit may not regulate
gifts and contracts from foreign countries of concern in a
manner inconsistent with this Act. This Act is a limitation
under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule
units of powers and functions exercised by the State.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 900. The State Officials and Employees Ethics Act

SB3728 - 29 - LRB103 39056 AWJ 69193 b
is amended by changing Section 20-10 as follows:
(5 ILCS 430/20-10)
Sec. 20-10. Offices of Executive Inspectors General.
(a) Five independent Offices of the Executive Inspector
General are created, one each for the Governor, the Attorney
General, the Secretary of State, the Comptroller, and the
Treasurer. Each Office shall be under the direction and
supervision of an Executive Inspector General and shall be a
fully independent office with separate appropriations.
(b) The Governor, Attorney General, Secretary of State,
Comptroller, and Treasurer shall each appoint an Executive
Inspector General, without regard to political affiliation and
solely on the basis of integrity and demonstrated ability.
Appointments shall be made by and with the advice and consent
of the Senate by three-fifths of the elected members
concurring by record vote. Any nomination not acted upon by
the Senate within 60 session days of the receipt thereof shall
be deemed to have received the advice and consent of the
Senate. If, during a recess of the Senate, there is a vacancy
in an office of Executive Inspector General, the appointing
authority shall make a temporary appointment until the next
meeting of the Senate when the appointing authority shall make
a nomination to fill that office. No person rejected for an
office of Executive Inspector General shall, except by the
Senate's request, be nominated again for that office at the

SB3728 - 30 - LRB103 39056 AWJ 69193 b
same session of the Senate or be appointed to that office
during a recess of that Senate.
Nothing in this Article precludes the appointment by the
Governor, Attorney General, Secretary of State, Comptroller,
or Treasurer of any other inspector general required or
permitted by law. The Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer each may appoint an existing
inspector general as the Executive Inspector General required
by this Article, provided that such an inspector general is
not prohibited by law, rule, jurisdiction, qualification, or
interest from serving as the Executive Inspector General
required by this Article. An appointing authority may not
appoint a relative as an Executive Inspector General.
Each Executive Inspector General shall have the following
qualifications:
(1) has not been convicted of any felony under the
laws of this State, another State, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has 5 or more years of cumulative service (A) with
a federal, State, or local law enforcement agency, at
least 2 years of which have been in a progressive
investigatory capacity; (B) as a federal, State, or local
prosecutor; (C) as a senior manager or executive of a
federal, State, or local agency; (D) as a member, an
officer, or a State or federal judge; or (E) representing

SB3728 - 31 - LRB103 39056 AWJ 69193 b
any combination of items (A) through (D).
The term of each initial Executive Inspector General shall
commence upon qualification and shall run through June 30,
2008. The initial appointments shall be made within 60 days
after the effective date of this Act.
After the initial term, each Executive Inspector General
shall serve for 5-year terms commencing on July 1 of the year
of appointment and running through June 30 of the fifth
following year. An Executive Inspector General may be
reappointed to one or more subsequent terms.
A vacancy occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the Executive Inspector General whose office is
vacant.
Terms shall run regardless of whether the position is
filled.
(c) The Executive Inspector General appointed by the
Attorney General shall have jurisdiction over the Attorney
General and all officers and employees of, and vendors and
others doing business with, State agencies within the
jurisdiction of the Attorney General. The Executive Inspector
General appointed by the Secretary of State shall have
jurisdiction over the Secretary of State and all officers and
employees of, and vendors and others doing business with,
State agencies within the jurisdiction of the Secretary of
State. The Executive Inspector General appointed by the

SB3728 - 32 - LRB103 39056 AWJ 69193 b
Comptroller shall have jurisdiction over the Comptroller and
all officers and employees of, and vendors and others doing
business with, State agencies within the jurisdiction of the
Comptroller. The Executive Inspector General appointed by the
Treasurer shall have jurisdiction over the Treasurer and all
officers and employees of, and vendors and others doing
business with, State agencies within the jurisdiction of the
Treasurer. The Executive Inspector General appointed by the
Governor shall have jurisdiction over (i) the Governor, (ii)
the Lieutenant Governor, (iii) all officers and employees of,
and vendors and others doing business with, executive branch
State agencies under the jurisdiction of the Executive Ethics
Commission and not within the jurisdiction of the Attorney
General, the Secretary of State, the Comptroller, or the
Treasurer, (iv) all board members and employees of the
Regional Transit Boards and all vendors and others doing
business with the Regional Transit Boards, and (v) all board
members and employees of the Regional Development Authorities
and all vendors and others doing business with the Regional
Development Authorities, and (vi) entities to which the
Executive Inspector General was given jurisdiction over in the
Research, Education, and Government Operations Protection Act.
The jurisdiction of each Executive Inspector General is to
investigate allegations of fraud, waste, abuse, mismanagement,
misconduct, nonfeasance, misfeasance, malfeasance, or
violations of this Act or violations of other related laws and

SB3728 - 33 - LRB103 39056 AWJ 69193 b
rules.
Each Executive Inspector General shall have jurisdiction
over complainants in violation of subsection (e) of Section
20-63 for disclosing a summary report prepared by the
respective Executive Inspector General.
(d) The compensation for each Executive Inspector General
shall be determined by the Executive Ethics Commission and
shall be provided from appropriations made to the Comptroller
for this purpose. For terms of office beginning on or after
July 1, 2023, each Executive Inspector General shall receive,
on July 1 of each year, beginning on July 1, 2024, an increase
in salary based on a cost of living adjustment as authorized by
Senate Joint Resolution 192 of the 86th General Assembly.
Subject to Section 20-45 of this Act, each Executive Inspector
General has full authority to organize his or her Office of the
Executive Inspector General, including the employment and
determination of the compensation of staff, such as deputies,
assistants, and other employees, as appropriations permit. A
separate appropriation shall be made for each Office of
Executive Inspector General.
(e) No Executive Inspector General or employee of the
Office of the Executive Inspector General may, during his or
her term of appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or

SB3728 - 34 - LRB103 39056 AWJ 69193 b
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
In this subsection an appointed public office means a
position authorized by law that is filled by an appointing
authority as provided by law and does not include employment
by hiring in the ordinary course of business.
(e-1) No Executive Inspector General or employee of the
Office of the Executive Inspector General may, for one year
after the termination of his or her appointment or employment:
(1) become a candidate for any elective office;
(2) hold any elected public office; or
(3) hold any appointed State, county, or local
judicial office.
(e-2) The requirements of item (3) of subsection (e-1) may
be waived by the Executive Ethics Commission.
(f) An Executive Inspector General may be removed only for
cause and may be removed only by the appointing constitutional
officer. At the time of the removal, the appointing
constitutional officer must report to the Executive Ethics
Commission the justification for the removal.
(Source: P.A. 102-558, eff. 8-20-21; 102-1115, eff. 1-9-23;

SB3728 - 35 - LRB103 39056 AWJ 69193 b
103-517, eff. 8-11-23.)
Section 905. The Whistleblower Act is amended by changing
Section 15 as follows:
(740 ILCS 174/15)
Sec. 15. Retaliation for certain disclosures prohibited.
(a) An employer may not retaliate against an employee who
discloses information in a court, an administrative hearing,
or before a legislative commission or committee, or in any
other proceeding, where the employee has reasonable cause to
believe that the information discloses a violation of a State
or federal law, rule, or regulation.
(b) An employer may not retaliate against an employee for
disclosing information to a government or law enforcement
agency, where the employee has reasonable cause to believe
that the information discloses a violation of a State or
federal law, rule, or regulation.
A State agency, political subdivision, institution of K-12
education, or institution of higher education, as those terms
are defined in Section 10 of the Research, Education, and
Government Operations Protection Act, may not retaliate
against any person, whether or not that person is an employee
of the agency, political subdivision, or institution, for
disclosing information under the Research, Education, and
Government Operations Protection Act if the employee has

SB3728 - 36 - LRB103 39056 AWJ 69193 b
reasonable cause to believe that the information discloses a
violation of State or federal law, rule, or regulation.
(Source: P.A. 95-128, eff. 1-1-08.)