119-s210

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 210 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 210

 To prohibit agencies from using Federal funds for publicity or 
 propaganda purposes, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 23, 2025

 Ms. Ernst (for herself, Mr. Lankford, and Mr. Daines) 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, 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'' means an individual, animal, or 
 object adopted by an agency as a symbolic figure to represent 
 the agency, the mission of the agency, or a program within the 
 agency, including 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, graphic novels, 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 used--
            (i) for the purpose of recruitment of 
 individuals to enlist in the Armed Forces of 
 the United States; or
            (ii) in support of a military academy 
 athletic team.
            (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.
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