SWAG Act

To prohibit agencies from using Federal funds for publicity or propaganda purposes, and for other purposes. 1. Short title This Act may be cited as the Stop Wasteful Advertising by the Government Act SWAG Act 2. Definitions In this Act— (1) the term advertising (2) the term agency (3) the term covert propaganda (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 (6) the term purely partisan materials (7) the term self-aggrandizement (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. 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. 1. Short title This Act may be cited as the Stop Wasteful Advertising by the Government Act SWAG Act 2. Definitions In this Act— (1) the term advertising (2) the term agency (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 (5) the term return on investment (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. 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 (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. December 14, 2020 Reported with an amendment

Summary: Stop Wasteful Advertising by the Government Act or the SWAG Act This bill prohibits the use of federal funds for publicity, propaganda, swag, or mascots, with exceptions. Swag is a tangible product or merchandise distributed at no cost with the sole purpose of advertising or promoting an agency, organization, or program. 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. The prohibition pertaining to swag shall not apply to an agency program that supports the mission and objectives of the agency that is initiating the public relations or advertising spending if the spending generates a positive return on investment for the agency.