Stop Wasteful Advertising by the Government Act or the SWAG Act
This bill prohibits any federal agency or entity from using federal funds to purchase, acquire, or distribute swag (i.e., products distributed at no cost with the sole purpose of advertising or promoting an agency, organization, or program) or to manufacture or use a mascot for promotional purposes. Exceptions to these prohibitions include (1) express authorization in law, (2) recruitment related to armed forces enlistment, and (3) military academy athletic team mascots.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 757 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 757
To prohibit agencies from using Federal funds for publicity or
propaganda purposes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2025
Mr. Cloud introduced the following bill; which was referred to the
Committee on Oversight and Government Reform
_______________________________________________________________________
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>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
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