Bill Summary
The proposed legislation, titled the "National Guard Protective Zone Act," seeks to amend Title 18 of the United States Code to establish criminal penalties for individuals who interfere with designated protective zones around members of the National Guard during their deployments.
Key provisions of the bill include:
1. **Definitions**: A "posted protective zone" is defined as an area extending up to 15 feet from a National Guard member, marked by warnings or physical barriers.
2. **Offenses**: It becomes illegal for anyone to knowingly enter or remain in this protective zone with the intent to impede, intimidate, or interfere with the member's official duties.
3. **Penalties**: Violators may face fines and/or imprisonment of up to one year. If the violation includes physical contact or aggressive actions (like throwing objects or spitting), the imprisonment term could increase to a maximum of five years.
4. **First Amendment Protection**: The legislation clarifies that it does not restrict First Amendment activities, provided they occur outside the designated protective zones.
Overall, the act aims to enhance the safety and operational integrity of National Guard members during their duties by establishing clear legal consequences for interference.
Possible Impacts
The proposed "National Guard Protective Zone Act" could affect people in various ways. Here are three examples:
1. **Increased Legal Consequences for Protesters**: Individuals who participate in protests or demonstrations near National Guard deployments may face criminal penalties if they enter the designated protective zone with the intent to impede or intimidate National Guard members. This could lead to fines or imprisonment, particularly for those who are unaware of the new boundaries or who inadvertently cross into these zones during lawful protests.
2. **Enhanced Safety for National Guard Members**: The establishment of protective zones may lead to a safer environment for National Guard members during their operations. The clear delineation of these zones, along with penalties for interference, could deter disruptive behavior, allowing service members to carry out their duties without the threat of intimidation or interference, thereby enhancing their operational effectiveness.
3. **Impact on Community Engagement and Civil Liberties**: The legislation may create tension between the National Guard and local communities, especially in areas where National Guard deployments occur frequently. Community members may feel that their rights to assemble and express their opinions are being curtailed by the establishment of protective zones. This could lead to a chilling effect on civic engagement and result in a decrease in community trust towards the military and law enforcement entities.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3558 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3558
To amend title 18, United States Code, to establish criminal penalties
for interfering with National Guard protective zones.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 18, 2025
Mr. Cotton (for himself and Mr. Budd) introduced the following bill;
which was read twice and 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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