S. 3558Senate119th Congress (2025-2027)In Committee

National Guard Protective Zone Act

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Updated January 23, 2026 at 10:21 AM UTC

The National Guard Protective Zone Act adds a new criminal provision to Title 18 that makes it illegal to knowingly enter or remain in a marked area around a National Guard service member during a deployment if the intent is to hinder or intimidate them. The law defines the protected area as no more than 15 feet from the member and requires visible markings. Penalties range from fines and up to one year in prison, with harsher sentences—up to five years—if the offender physically assaults or threatens the service member. The act preserves First Amendment rights for speech that occurs outside the protected zone.

Key Provisions

Creates a new offense for knowingly entering or staying within a "posted protective zone"—an area up to 15 feet around a National Guard member that is marked by signs, tape, verbal warnings, or similar—while the member is on a deployment authorized under title 10 or title 32, if the person intends to impede, intimidate, or interfere with the Guard member’s duties.
Sets a default penalty of up to one year in prison, a fine, or both for violating the prohibition.
Raises the maximum prison term to five years if the offender makes physical contact, throws an object at, or spits on the Guard member while committing the violation.
Clarifies that the law does not restrict First Amendment‑protected speech or activity that occurs outside the defined protective zone.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

December 18, 2025

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SenateIntro Referral

Introduced in Senate

December 18, 2025

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

December 18, 2025

Bill Text

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Introduced in SenateIssued December 18, 2025

119th CONGRESS

1st Session

S. 3558

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.

Short title

This Act may be cited as the National Guard Protective Zone Act.

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:

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.