United States 116th Congress Status: In Committee 1 R cosponsors

S 2722 — SWAG Act

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 616.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

158 added · 52 removed

Plain-language change summary

The text reflects changes to the bill S 2722, where several definitions and sections have been removed. Notably, the terms "mascot," "public relations," "purely partisan materials," "self-aggrandizement," and "swag," along with their respective definitions, have been deleted. This matters because it simplifies the legislative text by removing specific terms and definitions, potentially focusing the bill more on its core objective without these additional components.

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2722 Introduced in Senate (IS)] <DOC> 116th CONGRESS 1st Session S.
2722 Reported in Senate (RS)] <DOC> Calendar No.
2722 To prohibit agencies from using Federal funds for publicity or propaganda purposes, and for other purposes.
616 116th CONGRESS 2d Session S.
2722 [Report No.
116-313] To prohibit agencies from using Federal funds for publicity or propaganda purposes, and for other purposes.
Ernst (for herself and Mr.
Ernst (for herself, Mr.
Paul) introduced the following bill;
Paul, Mr.
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.
Daines, and Mr.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
Scott of Florida) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security and Governmental Affairs December 14, 2020 Reported by Mr.
Johnson, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ 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, <DELETED>SECTION 1.
SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Stop Wasteful Advertising by the Government Act'' or the ``SWAG Act''.</DELETED> <DELETED>SEC.
2.
DEFINITIONS.</DELETED> <DELETED> In this Act--</DELETED> <DELETED> (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;</DELETED> <DELETED> (2) the term ``agency'' has the meaning given the term in section 551 of title 5, United States Code;</DELETED> <DELETED> (3) the term ``covert propaganda'' means propaganda communications by an agency that--</DELETED> <DELETED> (A) fail to disclose the role of the agency as the source of information;
or</DELETED> <DELETED> (B) are misleading as to the origin of the communications;</DELETED> <DELETED> (4) the term ``mascot''--</DELETED> <DELETED> (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</DELETED> <DELETED> (B) includes a costumed character;</DELETED> <DELETED> (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;</DELETED> <DELETED> (6) the term ``purely partisan materials'' means materials designed to aid a political party or candidate;</DELETED> <DELETED> (7) the term ``self-aggrandizement'' means publicity of a nature tending to emphasize the importance of the agency or activity in question;
and</DELETED> <DELETED> (8) the term ``swag''--</DELETED> <DELETED> (A) means a product or merchandise distributed at no cost with the sole purpose of advertising or promoting an agency, organization, program, or agenda;</DELETED> <DELETED> (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</DELETED> <DELETED> (C) does not include--</DELETED> <DELETED> (i) an item presented as honorary or informal recognition award, such as a challenge coin or medal issued for sacrifice or meritorious service;</DELETED> <DELETED> (ii) a brochure or pamphlet purchased or distributed for informational purchases;
or</DELETED> <DELETED> (iii) an item distributed for diplomatic purposes, including a gift for a foreign leader.</DELETED> <DELETED>SEC.
3.
PROHIBITIONS;
PUBLIC RELATIONS AND ADVERTISING SPENDING.</DELETED> <DELETED> (a) Prohibitions.--Except as provided in subsection (c), and unless otherwise expressly authorized by law--</DELETED> <DELETED> (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;</DELETED> <DELETED> (2) an agency or other entity of the Federal Government may not use Federal funds to purchase or otherwise acquire or distribute swag;
and</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (c) Exceptions.--Subsection (a) shall not apply with respect to--</DELETED> <DELETED> (1) recruitment relating to--</DELETED> <DELETED> (A) enlistment or employment with the Armed Forces;
or</DELETED> <DELETED> (B) employment with the Federal Government;</DELETED> <DELETED> (2) a mascot that is declared the property of the United States under a provision of law, including under section of Public Law 93-318 (16 U.S.C.
580p-1);</DELETED> <DELETED> (3) a mascot relating to the Armed Forces of the United States;
or</DELETED> <DELETED> (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.</DELETED> SECTION 1.
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;
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;
(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;
(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;
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;
(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;
(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;
(6) the term ``purely partisan materials'' means materials designed to aid a political party or candidate;
(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;
(7) the term ``self-aggrandizement'' means publicity of a nature tending to emphasize the importance of the agency or activity in question;
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;
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, snuggies, stickers, stress balls, stuffed animals, thermoses, tote bags, trading cards, and writing utensils;
(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 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;
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 purposes;
(ii) a brochure or pamphlet purchased or distributed for informational purchases;
(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;
(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;
(2) 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.
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, which may include an estimate of the return on investment for the agency.
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(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.-- (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;
(c) Exceptions.--Subsection (a) shall not apply with respect to-- (1) recruitment relating to-- (A) enlistment or employment with the Armed Forces;
(B) recruitment relating to-- (i) enlistment or employment with the Armed Forces;
or (B) employment with the Federal Government;
or (ii) 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.
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.
(3) a mascot relating to the Armed Forces of the United States;
or (B) 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.
(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>
Calendar No.
616 116th CONGRESS 2d Session S.
2722 [Report No.
116-313] _______________________________________________________________________ A BILL To prohibit agencies from using Federal funds for publicity or propaganda purposes, and for other purposes.
_______________________________________________________________________ December 14, 2020 Reported with an amendment
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Action History

  1. Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 116-313.

  2. Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 116-313.

  3. Placed on Senate Legislative Calendar under General Orders. Calendar No. 616.

  4. Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

  5. Introduced in Senate

  6. Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

civil-rights elections
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Frequently asked questions

Who sponsors S 2722?
S 2722 is sponsored by Ernst, Joni (Republican).
What is the current status of S 2722?
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 2722?
Track S 2722 free on One Click Politics — get push/email alerts when it moves.

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