PolicyBrief
S. 3558
119th CongressDec 18th 2025
National Guard Protective Zone Act
IN COMMITTEE

This bill establishes a federal crime for knowingly entering or remaining within a marked 15-foot protective zone around a National Guard member with the intent to interfere with their official duties.

Tom Cotton
R

Tom Cotton

Senator

AR

LEGISLATION

New Federal Crime: Bill Creates 15-Foot 'Protective Zone' Around Deployed National Guard Members

The “National Guard Protective Zone Act” is setting up a new federal crime, and it’s one that could change how the public interacts with the Guard during deployments. Essentially, this bill carves out a mandatory 15-foot buffer zone around any National Guard member who is deployed under federal or state authority (specifically referencing Title 10, Chapter 15 or Title 32 deployments). The core idea is simple: if you knowingly enter or stay in this zone with the intent to impede, intimidate, or interfere with the Guard member’s official duties, you could be fined and face up to one year in federal prison.

The 15-Foot Bubble: What’s Off-Limits

This legislation defines the “posted protective zone” as the 15-foot area immediately surrounding the Guard member. Crucially, the zone has to be marked—either by a verbal warning, a visible sign, barricade tape, or “another reasonable method.” The whole point is to give Guard members a clear operational and safety perimeter when they are called up for duty, whether it’s responding to a natural disaster or handling civil unrest. For the average person, this means if you see the Guard deployed, you need to keep your distance, especially if you’re trying to get close to observe or protest. The bill is trying to draw a clear line between legitimate public activity and direct obstruction.

Penalties and the Aggravated Offense

If you cross that line with the intent to interfere, the standard penalty is up to a year in jail. However, the bill significantly raises the stakes if the violation involves physical contact, throwing an object at the Guard member, or spitting on them. In those aggravated scenarios, the maximum prison term jumps to five years. This is a serious federal offense, moving the penalty for what might currently be handled as simple assault or disorderly conduct into a much higher felony bracket, reflecting an increased priority on protecting these service members while they are on duty.

The First Amendment Catch-22

The bill includes a specific section intended to protect First Amendment rights, stating that the law does not prohibit activity protected by the Constitution outside the posted protective zone. This is where the rubber meets the road for journalists, activists, and observers. While the bill attempts to safeguard free speech, defining the protective zone as 15 feet creates a mandatory distance requirement for any activity—including photography, filming, or peaceful protest—near deployed Guard members. For someone trying to document an event up close, that 15-foot gap, especially when enforced by federal law, could significantly restrict their ability to observe and report. It creates a tension between operational security and the public’s right to engage with their government and service members.

Real-World Impact: Who Pays the Price?

For the National Guard, this is a clear win for safety, providing a legal tool to manage crowds and protect personnel during high-stress deployments. For the public, however, the impact is less clear-cut. Imagine a scenario where the Guard is deployed for disaster relief in a tight urban area, or during a large public demonstration. The requirement that the zone be marked by a “reasonable method” leaves some wiggle room. If you, as a busy commuter or a resident, accidentally walk too close without seeing a sign or hearing a verbal warning, you might find yourself in a dispute over whether the zone was properly “posted.” Furthermore, proving the required “intent to impede” could be challenging, but the threat of a federal crime for simply being too close could lead to people—especially those trying to hold the Guard accountable—keeping much further back than 15 feet, just to be safe. This bill sets a new, federally enforced boundary for public interaction with military personnel during domestic deployments.