[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2722 Reported in Senate (RS)]
<DOC>
Calendar No. 616
116th CONGRESS
2d Session
S. 2722
[Report No. 116-313]
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, Mr. Paul, Mr. Daines, and Mr. Scott of Florida)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
December 14, 2020
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Stop Wasteful Advertising
by the Government Act'' or the ``SWAG Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) the term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code;</DELETED>
<DELETED> (3) the term ``covert propaganda'' means
propaganda communications by an agency that--</DELETED>
<DELETED> (A) fail to disclose the role of the
agency as the source of information; or</DELETED>
<DELETED> (B) are misleading as to the origin of the
communications;</DELETED>
<DELETED> (4) the term ``mascot''--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) includes a costumed
character;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (6) the term ``purely partisan materials'' means
materials designed to aid a political party or
candidate;</DELETED>
<DELETED> (7) the term ``self-aggrandizement'' means
publicity of a nature tending to emphasize the importance of
the agency or activity in question; and</DELETED>
<DELETED> (8) the term ``swag''--</DELETED>
<DELETED> (A) means a product or merchandise
distributed at no cost with the sole purpose of
advertising or promoting an agency, organization,
program, or agenda;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) does not include--</DELETED>
<DELETED> (i) an item presented as honorary
or informal recognition award, such as a
challenge coin or medal issued for sacrifice or
meritorious service;</DELETED>
<DELETED> (ii) a brochure or pamphlet
purchased or distributed for informational
purchases; or</DELETED>
<DELETED> (iii) an item distributed for
diplomatic purposes, including a gift for a
foreign leader.</DELETED>
<DELETED>SEC. 3. PROHIBITIONS; PUBLIC RELATIONS AND ADVERTISING
SPENDING.</DELETED>
<DELETED> (a) Prohibitions.--Except as provided in subsection (c),
and unless otherwise expressly authorized by law--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) an agency or other entity of the Federal
Government may not use Federal funds to purchase or otherwise
acquire or distribute swag; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Exceptions.--Subsection (a) shall not apply with
respect to--</DELETED>
<DELETED> (1) recruitment relating to--</DELETED>
<DELETED> (A) enlistment or employment with the
Armed Forces; or</DELETED>
<DELETED> (B) employment with the Federal
Government;</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (3) a mascot relating to the Armed Forces of the
United States; or</DELETED>
<DELETED> (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.</DELETED>
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, a tangible product, an
exhibit, or a billboard;
(2) the term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code;
(3) 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;
(4) 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;
(5) the term ``return on investment'' means, with respect
to the public relations and advertising spending by an agency,
a positive return in achieving agency or program goals relative
to the investment in advertising and marketing materials; and
(6) the term ``swag''--
(A) means a tangible product or merchandise
distributed at no cost with the sole purpose of
advertising or promoting an agency, organization, or
program;
(B) includes blankets, buttons, candy, clothing,
coloring books, cups, fidget spinners, hats, holiday
ornaments, jar grip openers, keychains, koozies,
magnets, neckties, snuggies, stickers, stress balls,
stuffed animals, thermoses, tote bags, trading cards,
and writing utensils; and
(C) does not include--
(i) an item presented as an honorary or
informal recognition award related to the Armed
Forces of the United States, such as a
challenge coin or medal issued for sacrifice or
meritorious service;
(ii) a brochure or pamphlet purchased or
distributed for informational purposes; 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 or other entity of the Federal Government may
not use Federal funds to purchase or otherwise acquire or
distribute swag; and
(2) 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, which may include an estimate of the
return on investment for the agency.
(c) Exceptions.--
(1) Swag.--Subsection (a)(1) shall not apply with respect
to--
(A) an agency program that supports the mission and
objectives of the agency that is initiating the public
relations or advertising spending, provided that the
spending generates a positive return on investment for
the agency;
(B) recruitment relating to--
(i) enlistment or employment with the Armed
Forces; or
(ii) employment with the Federal
Government; or
(C) an item distributed by the Bureau of the Census
to assist the Bureau in conducting a census of the
population of the United States.
(2) Mascots.--Subsection (a)(2) shall not apply with
respect to--
(A) 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); or
(B) a mascot relating to the Armed Forces of the
United States.
(d) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of Management and
Budget shall issue regulations to carry out this Act.
Calendar No. 616
116th CONGRESS
2d Session
S. 2722
[Report No. 116-313]
_______________________________________________________________________
A BILL
To prohibit agencies from using Federal funds for publicity or
propaganda purposes, and for other purposes.
_______________________________________________________________________
December 14, 2020
Reported with an amendment