[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Page S3572]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2179. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STOPPING WASTEFUL ADVERTISING BY THE GOVERNMENT.

       (a) Definitions.--In this section--
       (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.
       (b) Prohibitions; Public Relations and Advertising 
     Spending.--
       (1) Prohibitions.--Except as provided in paragraph (3), and 
     unless otherwise expressly authorized by law--
       (A) an agency or other entity of the Federal Government may 
     not use Federal funds to purchase or otherwise acquire or 
     distribute swag; and
       (B) 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.
       (2) 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.
       (3) Exceptions.--
       (A) Swag.--Paragraph (1)(A) shall not apply with respect 
     to--
       (i) 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;
       (ii) recruitment relating to--

       (I) enlistment or employment with the Armed Forces; or
       (II) employment with the Federal Government; or

       (iii) an item distributed by the Bureau of the Census to 
     assist the Bureau in conducting a census of the population of 
     the United States.
       (B) Mascots.--Paragraph (1)(B) shall not apply with respect 
     to--
       (i) 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
       (ii) a mascot relating to the Armed Forces of the United 
     States.
       (4) 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 section.
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