Bill Summary
The "National Guard Protective Zone Act" aims to enhance the safety and integrity of National Guard operations by establishing criminal penalties for individuals who interfere with designated protective zones around National Guard members during authorized deployments.
Key provisions include:
1. **Definition of Protective Zone**: A "posted protective zone" is defined as an area within 15 feet of a National Guard member, marked by verbal warnings, signage, or barricade tape.
2. **Prohibited Actions**: It is unlawful for anyone to knowingly enter or remain in these zones with the intent to impede or intimidate National Guard members performing their official duties.
3. **Penalties**: Violators face fines and imprisonment of up to one year. If the violation involves physical contact with a National Guard member or aggressive actions like throwing objects, the imprisonment term can increase to a maximum of five years.
4. **First Amendment Protection**: The Act clarifies that it does not infringe on First Amendment rights, allowing for lawful activities outside of the designated protective zones.
Overall, this legislation seeks to protect National Guard personnel from interference while balancing constitutional rights.
Possible Impacts
Here are three examples of how the "National Guard Protective Zone Act" could affect people:
1. **Increased Legal Consequences for Protesters**: Individuals who participate in protests or demonstrations near National Guard members may face criminal penalties if they enter or remain within the defined protective zone (15 feet). If they are perceived to be impeding or intimidating National Guard personnel, they could be fined or imprisoned for up to one year. This could deter people from exercising their right to protest, especially near National Guard deployments.
2. **Enhanced Safety for National Guard Members**: The establishment of protective zones could provide National Guard members with a safer working environment. By legally restricting access to specific areas around them, the Act aims to reduce the likelihood of confrontational situations, thereby allowing these personnel to perform their duties without fear of interference or intimidation. This could lead to improved morale and operational effectiveness among National Guard units during deployments.
3. **Potential Misinterpretations of Intent**: The legislation's provision regarding intent could lead to confusion and misinterpretation. For example, a person who unknowingly steps into a protective zone without realizing they are interfering could still be prosecuted if the authorities perceive their presence as an attempt to intimidate or impede. This could lead to unintended legal consequences for individuals who may not have intended to disrupt National Guard activities, raising concerns about the vagueness of the law and its impact on civil liberties.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7898 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7898
To amend title 18, United States Code, to establish criminal penalties
for interfering with National Guard protective zones.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 2026
Mrs. Biggs of South Carolina (for herself, Mr. DesJarlais, Mr. Higgins
of Louisiana, and Mr. Moore of Alabama) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to establish criminal penalties
for interfering with National Guard protective zones.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard Protective Zone
Act''.
SEC. 2. INTERFERENCE WITH NATIONAL GUARD PROTECTIVE ZONE.
(a) In General.--Chapter 67 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1390. Interference with National Guard protective zone
``(a) Definition.--In this section, the term `posted protective
zone' means an area around a member of the National Guard--
``(1) the perimeter of which is not more than 15 feet from
the member; and
``(2) that is marked by a verbal warning, visible signage,
barricade tape, or other reasonable means.
``(b) Offense.--It shall be unlawful, during a deployment
authorized under chapter 15 of title 10 or under title 32, for any
person to knowingly enter or remain within a posted protective zone
with the intent to impede, intimidate, or interfere with the official
duties of a member of the National Guard who is within the posted
protective zone.
``(c) Penalties.--
``(1) In general.--Except as provided in paragraph (2), any
person who violates subsection (b) shall be fined under this
title, imprisoned not more than 1 year, or both.
``(2) Aggravated penalty.--If, in the course of committing
a violation of subsection (b), a person makes physical contact
with, throws an object at, or spits on the member of the
National Guard, the maximum term of imprisonment under
paragraph (1) shall be 5 years.
``(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit activity protected by the First Amendment to the
Constitution of the United States that is conducted outside a posted
protective zone.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 67 of title 18, United States Code, is amended by adding at the
end the following:
``1390. Interference with National Guard protective zone.''.
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