[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2722 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2722
To prohibit agencies from using Federal funds for publicity or
propaganda purposes, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 29, 2019
Ms. Ernst (for herself and Mr. Paul) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To prohibit agencies from using Federal funds for publicity or
propaganda purposes, and for other purposes.
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 ``Stop Wasteful Advertising by the
Government Act'' or the ``SWAG Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``advertising'' means the placement of
messages in media that are intended to inform or persuade an
audience, including placement in television, radio, a magazine,
a newspaper, digital media, direct mail, an exhibit, and a
billboard;
(2) the term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code;
(3) the term ``covert propaganda'' means propaganda
communications by an agency that--
(A) fail to disclose the role of the agency as the
source of information; or
(B) are misleading as to the origin of the
communications;
(4) the term ``mascot''--
(A) means an individual, animal, or object adopted
by an agency as a symbolic figure to represent the
agency or the mission of the agency; and
(B) includes a costumed character;
(5) the term ``public relations'' means communications by
an agency that are directed to the public, including activities
dedicated to maintaining the image of the governmental unit or
maintaining or promoting understanding and favorable relations
with the community or the public;
(6) the term ``purely partisan materials'' means materials
designed to aid a political party or candidate;
(7) the term ``self-aggrandizement'' means publicity of a
nature tending to emphasize the importance of the agency or
activity in question; and
(8) the term ``swag''--
(A) means a product or merchandise distributed at
no cost with the sole purpose of advertising or
promoting an agency, organization, program, or agenda;
(B) includes blankets, buttons, candy, clothing,
coloring books, cups, fidget spinners, hats, holiday
ornaments, jar grip openers, keychains, koozies,
magnets, neckties, novelties, snuggies, stickers,
stress balls, stuffed animals, tchotchkes, thermoses,
tote bags, trading cards, and writing utensils; and
(C) does not include--
(i) an item presented as honorary or
informal recognition award, such as a challenge
coin or medal issued for sacrifice or
meritorious service;
(ii) a brochure or pamphlet purchased or
distributed for informational purchases; or
(iii) an item distributed for diplomatic
purposes, including a gift for a foreign
leader.
SEC. 3. PROHIBITIONS; PUBLIC RELATIONS AND ADVERTISING SPENDING.
(a) Prohibitions.--Except as provided in subsection (c), and unless
otherwise expressly authorized by law--
(1) an agency, a contractor of the Federal Government, or
another entity of the Federal Government may not, directly or
indirectly, use Federal funds for publicity or propaganda
purposes within the United States, including the use of Federal
funds for self-aggrandizement, covert propaganda, or purely
partisan materials;
(2) an agency or other entity of the Federal Government may
not use Federal funds to purchase or otherwise acquire or
distribute swag; and
(3) an agency or other entity of the Federal Government may
not use Federal funds to manufacture or use a mascot to promote
an agency, organization, program, or agenda.
(b) Public Relations and Advertising Spending.--Each agency shall,
as part of the annual budget justification submitted to Congress,
report on the public relations and advertising spending of the agency
for the preceding fiscal year.
(c) Exceptions.--Subsection (a) shall not apply with respect to--
(1) recruitment relating to--
(A) enlistment or employment with the Armed Forces;
or
(B) employment with the Federal Government;
(2) a mascot that is declared the property of the United
States under a provision of law, including under section 2 of
Public Law 93-318 (16 U.S.C. 580p-1);
(3) a mascot relating to the Armed Forces of the United
States; or
(4) an item distributed by the Bureau of the Census to
assist the Bureau in conducting a census of the population of
the United States.
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