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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. <all>