Title: SWAG Act
Policy area: Government Operations and Politics

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 product or merchandise distributed at no cost with the sole purpose of advertising or promoting an agency, organization, program, or agenda.
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.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2722 Introduced in Senate (IS)]

<DOC>






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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