103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3495

 

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

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Pacific Conflict Stress Test Act. Provides that the Governor shall produce and publish a State risk assessment no later than the day before the annual address made to the General Assembly by the Governor, and annually thereafter. Provides that the State risk assessment shall include all substantial risks to State or national security, State or national economic security, State or national public health, or any combination of those matters, occurring within and threatening the State. Provides that the Auditor General shall conduct an audit of all critical procurements purchased or supplied through a State supply chain or State vendor supply chain, and produce and publish a report, which shall be submitted to the General Assembly and the Governor and made easily accessible to the public, within 180 days after the effective date of the Act. Creates the Select Committee on Pacific Conflict. Provides for the Committees membership and duties. Provides that the Governor, in consultation with the Select Committee on Pacific Conflict, shall appoint a Director, who shall lead the study on adversarial threats to State assets and critical infrastructure and coordinate the research and development of the report, commencing within 30 days of the effective date of the Act. Contains a severability provision. Defines terms.


LRB103 39066 MXP 69203 b

 

 

A BILL FOR

 

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1    AN ACT concerning safety.
 
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
5Pacific Conflict Stress Test Act.
 
6    Section 5. Purpose. The purpose of this Act is to prepare
7and secure the State in order to minimize the disruptive
8impact of a potential conflict precipitated by foreign
9adversaries against allies, democratic countries, and the
10United States Armed Forces in the Pacific theater.
 
11    Section 10. Definitions.In this Act:
12    "Critical infrastructure" means systems and assets,
13whether physical or virtual, so vital to the State or the
14United States of America that the incapacity or destruction of
15such systems and assets would have a debilitating impact on
16State or national security, State or national economic
17security, State or national public health, or any combination
18of those matters. A critical infrastructure may be publicly or
19privately owned, and includes, but is not limited to:
20    (1) gas and oil production, storage, or delivery systems;
21    (2) water supply, refinement, storage, or delivery
22systems;

 

 

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1    (3) telecommunications networks;
2    (4) electrical power delivery systems;
3    (5) emergency services;
4    (6) transportation systems and services; or
5    (7) personal data or otherwise classified information
6storage systems, including cybersecurity.
7    "Critical procurements" means those acquisitions made by
8the State, any agency, political subdivision, or private
9nongovernmental organization critical to the proper
10functioning of critical infrastructure or to the health,
11safety, or security of the State or the United States.
12    "Divestment" means the sale, forfeit, or otherwise
13contractual end of any current or planned ownership or control
14of assets.
15    "Investment" means any transfer of funds into any active
16or passive, direct or indirect structure that seeks to
17generate revenue or accomplish any other gain, including
18non-monetary gains.
19    "Pacific conflict" means a declared war or armed conflict
20between the United States or any of her allies and another
21nation that occurs in the land, sea, or air area of the Pacific
22Ocean and threatens or could reasonably escalate to threaten
23the supply chains, critical infrastructure, safety, or
24security of the State or the United States.
25    "Pacific conflict" includes a serious deterioration of
26diplomatic ties or economic engagement between the United

 

 

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1States or its allies and another nation that threatens the
2status quo of Pacific trade, travel, and military operations
3or exercises.
4    "State-managed fund" means any short-term or long-term
5investment structure that is State-managed, State-run,
6State-controlled, or otherwise overseen by the State, a State
7agency, or any political subdivision within the State or
8agency controlled by the same, in which the State or
9subdivision has primary discretion over or vested interest in.
10Nothing in this definition shall be construed so as to not
11apply to any fund that is subject to the purview or direction
12of the State or applicable subdivision, and populated, wholly
13or in part, with State funds, but managed by a third-party
14entity, such as a fiduciary. This shall include, but is not
15limited to:
16        (1) public pension funds, public retirement funds, or
17    other State-sponsored funds, that is sponsored,
18    maintained, or contributed to or required to be
19    contributed to by the State or any locality within the
20    State, or any subsidiaries of such;
21        (2) municipal, county, or other local or municipal
22    entity investment funds, "rainy day funds," or other
23    political subdivision-controlled investment structures;
24    and
25        (3) university or college endowments, trusts, or other
26    structure that constitutes, wholly or in part, a public

 

 

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1    institution of higher education's investable assets.
2    "State-owned enterprise" means any company owned or
3controlled, in whole or in part, by a government or by
4individuals acting in official government capacities in any
5form.
6    "State risk assessment" means a study conducted under the
7Governor in consultation with the General Assembly that
8leverages the expertise of executive agencies and that
9minimally includes: an identification of threats and hazards
10that could negatively impact citizens and assets of the State;
11a preparation of risk scenarios, describing cause and
12consequence of threats and hazards that might actualize to
13impact citizens and assets of the State; and an analysis of the
14probability and severity of the consequences associated with
15each risk scenario.
16    "State supply chain" means the end-to-end process for
17shipping goods, purchased by the State, for the State,
18beginning at the point of origin through a point or points of
19distribution to the destination.
20    "State vendor supply chain" means the end-to-end process
21for shipping goods, purchased by the State from State vendors,
22to the vendors, beginning at the point of origin through a
23point or points of distribution to the destination.
 
24    Section 15. Statement of policy.
25    (a) It is the policy of the State to support the civilian

 

 

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1and military command of the United States of America and its
2efforts to promote and maintain prosperity, peace and security
3for the United States and its allies. It is the policy of the
4State to enhance the defensive posture of the State to protect
5the State citizens and assets and to contribute to the broader
6defensive posture of the United States of America by reducing
7security vulnerabilities within the State.
8    (b) It is the policy of the State to exercise foresight and
9make reasonable preparations for a potential regional or
10global conflict centered on the Pacific theater that could
11involve attacks upon the United States and her allies in the
12Pacific theater, that could involve asymmetrical attacks on
13the United States homeland, and that could cause the
14disruption or complete severing of supply chains between the
15State and its vendors and the People's Republic of China, the
16Republic of China, or other countries in the Pacific theater.
 
17    Section 20. State risk assessment.
18    (a) The Governor shall produce and publish a State risk
19assessment no later than the day before the annual address
20made to the General Assembly by the Governor, and annually
21thereafter.
22    (b) The State risk assessment shall include all
23substantial risks to State or national security, State or
24national economic security, State or national public health,
25or any combination of those matters, occurring within and

 

 

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1threatening the State.
 
2    Section 25. Audit of State supply chains, State vendor
3supply chains, and State investment holdings.
4    (a) The Auditor General shall conduct an audit of all
5critical procurements purchased or supplied through a State
6supply chain or State vendor supply chain, and produce and
7publish a report, which shall be submitted to the General
8Assembly and the Governor and made easily accessible to the
9public, within 180 days after the effective date of this Act.
10    (b) This report shall identify:
11        (1) all critical procurements produced in or by a
12    foreign adversary, a State-owned enterprise of a foreign
13    adversary, a company domiciled within a foreign adversary,
14    or a company owned by a company domiciled within a foreign
15    adversary;
16        (2) all critical procurements manufactured in
17    countries or by companies at risk of disruption in the
18    event of a Pacific conflict; and
19        (3) all critical procurements sourced from any country
20    or company that uses Pacific supply chain processes at
21    risk of disruption in the event of a Pacific conflict.
22    (c) This report shall recommend alternative sourcing, if
23available; highlight the difficulty in identifying potential
24alternative sourcing, if relevant; and specify the level of
25risk to the State associated with such a disruption in

 

 

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1sourcing for each procurement that is threatened in the event
2of a Pacific conflict.
3    The Auditor General shall conduct an audit of all funds
4managed by the State government and any political subdivision
5of the State and produce and publish a report, which shall be
6submitted to General Assembly and the Governor and made easily
7accessible to the public, within 180 days after the effective
8date of this Act.
9    (d) This audit report shall identify all investments:
10        (1) at risk of substantially losing value or being
11    frozen, seized, or appropriated by foreign adversaries in
12    the event of a Pacific conflict;
13        (2) all investments in any arms industry of a foreign
14    adversary;
15        (3) all investments in State-owned enterprises of a
16    foreign adversary;
17        (4) all investments in companies domiciled within a
18    foreign adversary or owned by a company domiciled within a
19    foreign adversary.
20     The audit report shall recommend strategies for the
21immediate and complete divestment of these assets identified
22in subsection (b).
 
23    Section 30. Creation of the Select Committee on Pacific
24Conflict.
25    (a) The Select Committee on Pacific Conflict is created.

 

 

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1    (b) Appointments to the Select Committee shall be
2finalized within 60 days after the effective date of this Act.
3    (c) The first meeting of the Select Committee shall be
4within 90 days after the effective date of this Act.
5    (c) The Select Committee shall meet no less than once
6every 3 months, with additional regular meetings at the call
7of the majority of the Select Committee and emergency meetings
8at the call of the Chair of the Select Committee or the
9Governor.
10    (d) A report on the impact of a Pacific conflict on the
11State, insofar as it has been completed, shall be submitted to
12the General Assembly, the Governor, and be made easily
13accessible to the public no later than 30 days before the
14annual address made to the General Assembly by the Governor,
15and an updated report made available pursuant to the same on an
16annual basis.
17    The first report shall incorporate the findings of the
18audit of State supply chains, State vendor supply chains, and
19State investment holdings established in Section 25, along
20with the report on adversarial threats to state assets and
21critical infrastructure established in Section 35 and due no
22later than 30 days before the first annual address made to the
23General Assembly by the Governor after the conclusion of the
24Commission on Adversarial Threats to State Assets and Critical
25Infrastructure.
26    (e) The Select Committee shall be authorized for an

 

 

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1initial period of 3 years.
2    (f)(1) The Select Committee shall consist of 9 members,
3one of whom shall act as the Chair of the Select Committee and
4one of whom shall act as the Vice Chair of the Select
5Committee.
6    (2) The Governor shall appoint the following members to
7the Select Committee:
8        (A) The Chair of the Select Committee. The Chair of
9    the Select Committee shall have applicable knowledge of
10    the threats posed to the State in the event of a Pacific
11    conflict and the research and leadership experience to
12    competently and comprehensively produce the report
13    required by this Act. The Chair of the Select Committee
14    shall have applicable knowledge of the threats posed to
15    the State in the event of a Pacific conflict and the
16    research and leadership experience to competently and
17    comprehensively produce the report required by this Act.
18        (B) The Director of Commerce and Economic Opportunity
19    or the Director's designee.
20        (C) The Adjutant General or his or her or designee.
21        (D) The Director of the Illinois State Police or the
22    Director's designee.
23        (E) The Director of the Illinois Emergency Management
24    Agency and Office of Homeland Security or the Director's
25    designee.
26    (3) The Senate President, Senate Minority Leader, Speaker

 

 

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1of the House, and House Minority Leader shall each appoint a
2member to the Select Committee. The Senate President's
3appointee shall serve as the Vice Chair of the Select
4Committee. These members shall have applicable knowledge of
5the threats posed to the State in the event of a Pacific
6conflict.
7    (g) At the discretion of the Select Committee on Pacific
8Conflict, an advisory board may be retained to provide
9expertise and collaborative research support.
10    (h) Members shall not be entitled to compensation but may
11be reimbursed for travel and other expenses incurred in the
12performance of official duties of the Select Committee.
13    (i) Advisory board members, if any, shall not be entitled
14to compensation but may be reimbursed for travel and other
15expenses incurred in the performance of duties to the Select
16Committee.
17    (i)(1) As specified under subsection (d), the Select
18Committee on Pacific Conflict shall annually produce a report
19concerning the threats posed to the State in the event of a
20Pacific conflict.
21    (2) This report shall provide a comprehensive risk
22assessment, including all identified vulnerabilities and
23recommended mitigation and emergency response strategies, as
24each pertains to a Pacific conflict, to each the following
25identified areas and any other areas deemed appropriate or
26applicable by the Select Committee:

 

 

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1        (A) critical infrastructure;
2        (B) telecommunications infrastructure;
3        (C) military installations located within the State;
4        (D) State supply chain for critical procurements;
5        (E) State vendor supply chain for critical
6    procurements;
7        (F) State cybersecurity;
8        (G) public safety and security; and
9        (H) public health.
10    (j) The Select Committee may subpoena and consult experts,
11conduct field investigations, hold hearings, receive testimony
12in any form or format, work with federal officials, request or
13require the production of documents and other evidence, and
14otherwise take any lawful action to carry out the purposes set
15forth in this Act.
16    (k) Closed hearings of the Select Committee may be
17conducted, but only to the extent necessary, notwithstanding
18the requirement that the Select Committee make every effort to
19provide the most information and transparency possible in the
20publicly published report.
21    (l) The Select Committee may compel the cooperation and
22compliance of State agencies and nongovernmental organizations
23critical to the safety and security of the State to carry out
24the purposes set forth.
25    (m) The Select Committee shall be provided sufficient
26legislative research and funding support to carry out this Act

 

 

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1and all requirements therein.
 
2    Section 35. Report on adversarial threats to State assets
3and critical infrastructure.
4    (a) The Governor, in consultation with the Select
5Committee on Pacific Conflict, shall appoint a Director, who
6shall lead the study on adversarial threats to State assets
7and critical infrastructure and coordinate the research and
8development of the report, commencing within 30 days of the
9effective date of this Act.
10    (b) Within 180 days of the effective date of this Act, the
11Director shall identify all critical infrastructure and other
12assets within the State that could reasonably be targeted in
13malicious actions by adversarial nations in the event of a
14Pacific conflict, and that, as a result of this malicious
15action, would result in a significant negative impact on the
16public health, safety, economic security, or physical security
17of the State and nation. In identifying critical
18infrastructure and other assets within the State for this
19purpose, the Director shall apply consistent, objective
20criteria.
21    (c) Within 365 days after the effective date of this Act,
22the Director shall produce a report that shall include:
23        (1) identified critical infrastructure and other
24    assets under subsection (b), including the specific risks
25    posed to each infrastructure system or asset in the event

 

 

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1    of a Pacific conflict;
2        (2) mitigation strategies and suggestions to limit or
3    eliminate the risk posed to the critical infrastructure or
4    other assets in the event of a Pacific conflict; and
5    mitigation strategies and suggestions that limit or
6    eliminate the risk posed to the safety and security of the
7    State or nation in the event of a Pacific conflict.
8        (3) identified critical procurements in the audit
9    conducted consequent to Section 25 of this Act, including
10    the specific risks posed to each critical procurement in
11    the event of a Pacific conflict; and
12        (4) mitigation strategies and suggestions, including
13    alternative sourcing, that limit or eliminate the risk
14    posed to the safety and security of the State or nation in
15    the event of a Pacific conflict.
16    (d) The report described in subsection (c) shall include a
17risk-based list of critical infrastructure and other assets
18identified under subsection (b), the order of which shall be
19determined by:
20        (1) the degree to which each critical infrastructure
21    system is in need of protective action; and
22        (2) the degree to which the debilitation of each
23    critical infrastructure system would have on the safety
24    and security of the State and the nation.
25    (e) The report shall include a risk-based list of
26components identified under subsection (c), but only for the

 

 

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1most at-risk components, that shall be determined by:
2        (1) the degree to which the sourcing of each component
3    is at risk of disruption or restriction;
4        (2) the degree to which the disruption or restriction
5    of sourcing would cause a debilitating effect on the
6    safety and security of the State and the nation; and
7        (3) the difficulty in identifying alternative
8    manufacturers for sourcing or supply chain delivery for
9    the component.
10    (f) The Director shall coordinate with the Select
11Committee on Pacific Conflict and other appropriate State
12agencies, and shall be provided with the resources necessary
13to produce the report. State agencies shall provide the
14Director with information necessary to carry out the
15responsibilities under this section. The Director shall
16develop a process for relevant stakeholders to submit
17information to assist in identifying critical infrastructure
18and other assets described under subsection (b).
19    (g) The Director may also, at his or her discretion,
20coordinate with State universities of higher education,
21private firms specializing in infrastructure risk management,
22and federal agencies including, but not limited to, the
23Department of Defense, the Cybersecurity and Infrastructure
24Security Agency, the Director of National Intelligence, the
25National Security Agency, the Department of Homeland Security,
26and any other agency deemed appropriate by the Director.

 

 

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1    (h) The Director, in coordination with appropriate State
2agencies, shall confidentially notify owners and operators of
3critical infrastructure identified under subsection B of this
4Section that they have been so identified, and ensure owners
5and operators are provided the basis for the determination.
6The Director shall also establish a process through which
7owners and operators of critical infrastructure may submit
8relevant information and request reconsideration of
9assessments made under subsection (b).
 
10    Section 97. Severability. The provisions of this Act are
11severable under Section 1.31 of the Statute on Statutes.