I 
117TH CONGRESS 
2D SESSION 
H. R. 8538 
To ensure body armor complies with safety standards, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2022 
Mr. NEHLS (for himself, Mr. PANETTA, Mr. BANKS, Mr. CRAWFORD, Mr. 
BACON, Mr. DIAZ-BALART, Mr. CARBAJAL, Mr. COSTA, Mr. STEUBE, Mr. 
ISSA, Mr. BOST, and Mr. GIMENEZ) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committee on Ways and Means, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To ensure body armor complies with safety standards, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Body Armor Safety 
Act of 2022’’. 
SEC. 2. LIMITATION ON IMPORTATION. 
(a) IN GENERAL.—The President shall take such 
steps as may be necessary to ensure that no body armor 
VerDate Sep 11 2014 
22:12 Aug 08, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8538.IH
H8538
pamtmann on DSKBC07HB2PROD with BILLS
for law enforcement use may be imported into the customs 
territory of the United States unless it meets the applica-
ble requirements of and receives recognition of compliance 
from the Compliance Testing Program of the National In-
stitute of Justice as described in section 232 of the Home-
land Security Act of 2002 (6 U.S.C. 162). 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘customs territory of the United 
States’’ has the meaning given the term in General 
Note 2 of the Harmonized Tariff Schedule of the 
United States. 
(2) The term ‘‘body armor’’ means ballistic-re-
sistant or stab-resistant panels or plates designed to 
protect the torso and worn in a carrier against the 
body. 
SEC. 3. CRIMINAL PENALTY. 
(a) IN GENERAL.—Chapter 47 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1041. Fraud in connection with body armor 
‘‘(a) FORGERY.—Whoever forges, counterfeits, or 
falsely alters any National Institute of Justice Standard 
certificate, validation, mark, or any other recognition of 
compliance with respect to any body armor shall be fined 
VerDate Sep 11 2014 
22:12 Aug 08, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8538.IH
H8538
pamtmann on DSKBC07HB2PROD with BILLS
under this title, imprisoned not more than 5 years, or 
both. 
‘‘(b) MISLEADING CLAIMS OF COMPLIANCE.—Who-
ever engages in any conduct with intent to convey false 
or misleading claims of compliance with respect to any 
body armor such that recognition of compliance may rea-
sonably be believed to have been issued by the National 
Institute of Justice or its Compliance Testing program 
shall be fined under this title, imprisoned not more than 
5 years, or both. 
‘‘(c) BODY ARMOR DEFINED.—In this section, the 
term ‘body armor’ means ballistic-resistant or stab-resist-
ant panels or plates designed to protect the torso and worn 
in a carrier against the body.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 47 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘1041. Fraud in connection with body armor.’’. 
SEC. 4. LIMITATION ON EVALUATIONS AND TESTING. 
Section 232 of the Homeland Security Act of 2002 
(6 U.S.C. 162) is amended by adding at the end the fol-
lowing: 
‘‘(h) LIMITATION.—Law enforcement technology 
products manufactured at any company on the Entity List 
of the Export Administration Regulations of the Bureau 
of Industry Security may not be tested or evaluated or 
VerDate Sep 11 2014 
22:12 Aug 08, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8538.IH
H8538
pamtmann on DSKBC07HB2PROD with BILLS
otherwise certified, validated, marked, or recognized as in 
compliance with standards established and maintained by 
the Office in accordance with the National Technology 
Transfer and Advancement Act of 1995 (Public Law 104– 
113).’’. 
Æ 
VerDate Sep 11 2014 
22:12 Aug 08, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H8538.IH
H8538
pamtmann on DSKBC07HB2PROD with BILLS