Rep. Jay Hoffman

Filed: 3/17/2021





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2    AMENDMENT NO. ______. Amend House Bill 3820 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Procurement of Domestic Products Act is
5amended by changing Sections 5 and 10 and by adding Sections 3,
67, 13, and 35 as follows:
7    (30 ILCS 517/3 new)
8    Sec. 3. Policy. It is the policy of Illinois that the State
9government should, consistent with applicable law, use terms
10and conditions of State financial assistance awards and State
11procurement to maximize the use of goods, products, and
12materials, produced in, and services offered in, the United
13States. An Illinois purchasing agency should, whenever
14possible, procure goods, products, materials, and services
15from sources that will help American businesses compete in
16strategic industries and help America's workers thrive.



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1    (30 ILCS 517/5)
2    Sec. 5. Definitions. As used in this Act:
3    "Component" and "cost of components" have the meanings
4given to those terms in the federal Buy American Act of 1933
5and as provided under Part 25.003 of the Federal Acquisition
7    "Manufactured in the United States" means: (1) in the case
8of products that are not assembled articles, materials, or
9supplies, that the product is mined or produced in the United
10States; (2) , in the case of assembled articles, materials, or
11supplies, that design, final assembly, processing, packaging,
12testing, or other process that adds value, quality, or
13reliability occurs in the United States and the cost of
14domestic components exceeds 50% of the cost of all of the
15components; or (3) that the product is a commercially
16available off-the-shelf item.
17    "Procured products" means assembled articles, materials,
18or supplies purchased by a State agency.
19    "Purchasing agency" has the same meaning as provided under
20Section 1-15.70 of the Illinois Procurement Code means a State
22    "State agency" has the same meaning as provided under
23Section 1-15.70 of the Illinois Procurement Code means each
24agency, department, authority, board, or commission of the
25executive branch of State government, including each



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1university, whether created by statute or by executive order
2of the Governor.
3    "United States" means the United States and any place
4subject to the jurisdiction of the United States.
5(Source: P.A. 98-463, eff. 8-16-13.)
6    (30 ILCS 517/7 new)
7    Sec. 7. Made in America Office. The Made in America Office
8is hereby established as a department under the jurisdiction
9of the Executive Ethics Commission. The Office shall be headed
10by a Director who shall be appointed by the Commission from
11among one of the chief procurement officers established under
12Section 10-20 of the Illinois Procurement Code. The Director
13and the Office shall perform all duties as provided under this
14Act and as may be prescribed by the Executive Ethics
15Commission. The Commission shall adopt all rules necessary for
16the implementation of this Section.
17    (30 ILCS 517/10)
18    Sec. 10. United States products. Each purchasing agency
19making purchases of procured products shall promote the
20purchase of and give preference to manufactured articles,
21materials, and supplies that have been manufactured in the
22United States. Procured products manufactured in the United
23States shall be specified and purchased unless the purchasing
24agency determines that any of the following applies:



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1        (1) The procured products are not manufactured in the
2    United States in reasonably available quantities.
3        (2) The price of the procured products manufactured in
4    the United States exceeds by an unreasonable amount the
5    price of available and comparable procured products
6    manufactured outside the United States by 12% or more. To
7    be eligible for an exemption under this paragraph (2), the
8    purchasing agency must first obtain a written waiver from
9    the chief procurement officer.
10        (3) The quality of the procured products manufactured
11    in the United States is substantially less than the
12    quality of the comparably priced, available, and
13    comparable procured products manufactured outside the
14    United States.
15        (4) The purchase of the procured products manufactured
16    outside the United States better serves the public
17    interest by helping to protect or save life, property, or
18    the environment.
19        (5) The purchase of the procured products is made in
20    conjunction with contracts or offerings of
21    telecommunications, fire suppression, security systems,
22    communications services, Internet services, or information
23    services.
24        (6) The purchase is of pharmaceutical products, drugs,
25    biologics, vaccines, medical devices used to provide
26    medical and health care or treat disease or used in



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1    medical or research diagnostic tests, and medical
2    nutritionals regulated by the Food and Drug Administration
3    under the federal Food, Drug and Cosmetic Act.
4    In determining the price of procured products for purposes
5of this Section, consideration shall be given to the
6life-cycle cost, including maintenance and repair of those
7procured products.
8(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)
9    (30 ILCS 517/13 new)
10    Sec. 13. Waiver.
11    (a) Before any purchasing agency may be granted a waiver
12from the purchase of products made in the United States under
13this Act, and unless the Executive Ethic Commission provides
14otherwise, the purchasing agency shall provide the Made in
15America Office with a description of its proposed waiver and a
16detailed justification for the use of goods, products, or
17materials that have not been mined, produced, or manufactured
18in the United States.
19    (b) The Made in America Office shall publish all relevant
20information that purchasing agencies shall include when
21submitting descriptions of proposed waivers and justifications
22to the Office. The Office shall also establish a deadline, not
23to exceed 15 business days, by which purchasing agencies
24seeking a waiver shall either be: (i) notified that review of
25the proposed waiver has been excused; or (ii)notified of the



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1result of the proposed waiver review.
2    (c) The Made in America Office, in consultation with the
3Executive Ethics Commission, shall review each proposed waiver
4submitted under subsection (b), except when waiver review has
5been excused. If it is determined that issuing the proposed
6waiver would be consistent with applicable law and the policy
7set forth in this Act, then the purchasing agency shall be
8notified of that determination in writing. If it is determined
9that issuing the proposed waiver would not be consistent with
10applicable law or the policy set forth in this Act, then the
11purchasing agency shall be notified of that determination, and
12the proposed waiver shall be returned to the purchasing agency
13for further consideration along with a written explanation for
14the determination.
15    (d) When a purchasing agency is obligated by law to act
16more quickly than the review procedures established in this
17Section allow, the purchasing agency shall notify the Made in
18America Office as soon as possible and, to the extent
19practicable, comply with the requirements set forth in this
20Section. Nothing in this Section shall be construed as
21displacing purchasing agencies' authorities or
22responsibilities under law.
23    (e) The Made in America Office shall make available to the
24public on the Internet website of the Executive Ethics
25Commission all information concerning proposed waivers and
26whether those waivers have been granted for the purpose of



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1enabling manufacturers and other interested parties to easily
2identify proposed waivers, and whether such waivers would be
3granted. To the extent permitted by law, descriptions of
4proposed waivers and justifications submitted by purchasing
5agencies to the Office shall also be made publicly available
6on the website. The website shall also include contact
7information for the Office and the Executive Ethics
9    (30 ILCS 517/35 new)
10    Sec. 35. Compliance reports. Beginning within 180 days
11after the effective date of this amendatory Act of the 102nd
12General Assembly, and bi-annually thereafter, each purchasing
13agency shall submit to the Made in America Office a report on:
14(i) the purchasing agency's compliance with the Act; (ii) the
15purchasing agency's ongoing use of waivers, if any; (iii) the
16purchasing agency's analysis of goods, products, materials,
17and services not subject to the Act or where requirements of
18the Act have been waived; and (iv) any recommendations for how
19to further effectuate the policy set forth in this Act.
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".