[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