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    AN ACT concerning finance.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Procurement Code is amended  by 
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adding Section 20-165 as follows:
 
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    (30 ILCS 500/20-165  new)
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    Sec. 20-165. Limitation on the procurement of goods and 
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services from foreign vendors; exemptions; penalties for 
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noncompliance.
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    (a) A purchasing agency, chief procurement officer, 
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associate procurement officer, or State purchasing officer may 
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not enter into an agreement to purchase or lease goods on 
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behalf of a State agency unless 100% of the goods to be 
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purchased or leased under the agreement are made or assembled 
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in the United States. Each vendor, bidder, contractor, or 
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subcontractor who submits a bid or enters into an agreement to 
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sell or lease goods to a State agency must certify that 100% of 
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the goods covered by the bid or agreement are made or assembled 
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in the United States.
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    (b) A purchasing agency, chief procurement officer, 
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associate procurement officer, or State purchasing officer may 
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not enter into an agreement to procure services on behalf of a 
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State agency unless 100% of the services to be procured under 
 


 






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the agreement are provided within the United States. Each 
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vendor, bidder, contractor, or subcontractor who submits a bid 
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or enters into an agreement to provide services to a State 
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agency shall certify that 100% of the services covered by the 
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bid or agreement will be performed in the United States.
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    (c) The requirements of subsections (a) and (b) of this 
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Section shall not apply if: 
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        (1) a purchasing agency, associate procurement 
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    officer, or State purchasing officer certifies in writing 
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    to the appropriate chief procurement officer that:
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            (A) the service or product is required by the 
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        purchasing agency and cannot be provided by a 
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        contractor or subcontractor within the United States;
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            (B) the goods are not manufactured in reasonably 
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        available quantities in the United States, or the 
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        services are not provided in reasonably available 
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        quantities in the United States;
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            (C) the price of the goods manufactured in the 
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        United States or the services provided in the United 
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        States exceeds by an unreasonable amount the price of 
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        available and comparable goods manufactured outside 
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        the United States or services provided outside the 
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        United States;
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            (D) the quality of the goods manufactured in the 
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        United States or services provided in the United States 
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        is substantially less than the quality of the 
 


 






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        comparably priced, available, and comparable goods 
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        manufactured outside the United States or services 
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        provided outside the United States;
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            (E) the purchase of the goods manufactured outside 
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        the United States or the services provided outside the 
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        United States better serves the public interest by 
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        helping to protect or save life, property, or the 
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        environment;
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            (F) the purchase of the goods or services is made 
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        in conjunction with contracts or offerings of 
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        telecommunications, fire suppression, security 
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        systems, communications services, Internet services, 
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        or information services; or
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            (G) the purchase is of pharmaceutical products, 
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        drugs, biologics, vaccines, medical devices used to 
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        provide medical and health care or treat disease or 
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        used in medical or research diagnostic tests, and 
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        medical nutritionals regulated by the Food and Drug 
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        Administration under the federal Food, Drug and 
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        Cosmetic Act; and
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        (2) the appropriate chief procurement officer approves 
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    that certification. 
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    (d) If, during the term of an agreement to provide goods or 
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services, the vendor, contractor, or subcontractor violates 
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subsection (a) or (b) of this Section, the purchasing agency, 
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chief procurement officer, associate procurement officer, or 
 


 






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State purchasing officer must terminate the agreement for 
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noncompliance and collect from the vendor, contractor, or 
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subcontractor an amount equal to 25% of the value of the 
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agreement as liquidated damages. A contractor, subcontractor, 
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vendor, or bidder that, after entering into an agreement to 
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provide goods or services to a State agency, violates 
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subsection (a) or (b) of this Section is not entitled to 
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receive any State contracts for a period of 5 years after the 
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violation. A State agency may bring a civil action in State or 
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federal court to compel enforcement of this Section.  If the 
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State agency prevails in the civil action, the court shall 
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award reasonable attorney fees and costs to the State agency. 
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.