S. 210 — SWAG Act

This section defines terms for purposes of the Act, including (1) "advertising" as the placement of messages in media (e.g., television, radio, digital media, billboards) intended to inform or persuade an audience; (2) "agency" as having the meaning given in 5 U.S.C. §551 (i.e., each authority of the U.S. government, excluding Congress, courts, territorial governments, D.C. government, and specified other entities); (3) "mascot" as an individual, animal, or object (including a costumed character) adopted by an agency to symbolize the agency, its mission, or a program; (4) "public relations" as agency communications directed to the public to maintain the agency's image or promote favorable relations; (5) "return on investment" as a positive return in achieving agency or program goals relative to spending on public relations and advertising; and (6) "swag" as no-cost tangible products or merchandise (e.g., buttons, clothing, stickers, stress balls) distributed solely to advertise or promote an agency, organization, or program, excluding certain awards, brochures, or diplomatic gifts.

This section prohibits federal agencies and entities from using federal funds to (1) purchase, acquire, or distribute swag, or (2) manufacture or use a mascot to promote an agency, organization, program, or agenda, subject to exceptions. Exceptions include, for swag, agency programs generating positive return on investment, recruitment for Armed Forces or federal employment, and Census Bureau items; and, for mascots, those declared U.S. property by law (e.g., Smokey Bear and Woodsy Owl under 16 U.S.C. 580p-1) or those used for Armed Forces recruitment or military academy athletics. (Thus, the prohibition does not affect iconic public service mascots owned by the federal government.) It further requires agencies to report preceding fiscal year public relations and advertising spending—including return on investment estimates—in annual budget justifications to Congress and directs the Office of Management and Budget Director to issue implementing regulations within 180 days of enactment.