	Congressional Oversight of Agency Public Communications

In February 2012, the Senate Homeland Security and Governmental Affairs Committee's Subcommittee on Contracting Oversight began a wide-ranging investigation of executive agencies' public communications activities. Thus, many, and perhaps most, federal agencies routinely communicate with the public in the course of their daily work. Agencies do so for many purposes, including
informing the public of its rights and entitlements; telling the public of the agency's activities; inviting public comment on proposed rules; warning the public of perils; and discouraging harmful or dangerous behaviors. However, CRS has estimated that executive branch agencies spent nearly $945 million on contracts for advertising services in FY2010, a figure that does not include all agency public communications expenditures. Enforcement of Statutory Restrictions

Historically, Congress has found enforcing the restrictions on government communications is inherently challenging for at least three reasons. Each agency has the authority to communicate with the public; there is no central federal communications agency that reviews agency communications for legal propriety before they are released to the public. Annual appropriations restrictions, for example, speak of "publicity or propaganda purposes" but do not define these terms. Executive Agency Use of New Media for Public Communications

Over the past two decades, federal agencies have adopted new electronic communication technologies. These "new media" technologies include e-mail, websites, weblogs (or blogs), text messaging, and social media, such as Facebook and Twitter. Implications for Congressional Oversight

The development and use of new media by agencies has several implications for Congress in its oversight and enforcement of agency public communications. The nature of new media communications could complicate oversight further. (5) Identifying Publicity Experts . It makes no mention of the statutory prohibitions. Requiring agencies to report annually to Congress on their public communications activities, expenditures, and the agencies' rationales for these activities.
This report intends to assist Congress in its oversight of executive branch agencies' public communications. Here, "public communications" refers to agency communications that are directed to the public.
Many, and perhaps most, federal agencies routinely communicate with the public. Agencies do so for many purposes, including informing the public of its rights and entitlements, and informing the public of the agency's activities. Agencies spent more than $900 million on contracts for advertising services in FY2010, a figure that does not include all agency communications expenditures.
Congress frequently has investigated agency public communication activities. For example, in late February 2012 the Senate Homeland Security and Governmental Affairs Committee's Subcommittee on Contracting Oversight began investigating 11 federal agencies' public communications activities and expenditures.
Congressional oversight of agency public communications activities is not new; it has occurred frequently since at least the beginning of the 20th century. Congress has enacted three statutory restrictions on agency communications with the public. One limits agencies' authority to hire publicity experts, another prohibits using appropriated funds to lobby Congress, and a third disallows using appropriated funds for "publicity or propaganda." For a number of reasons, enforcing these restrictions has been challenging, not least of which is that these statutory prohibitions do not well clarify licit from illicit public communications.
Many federal agencies have adopted new electronic communication technologies over the past two decades. These "new media" technologies include e-mail, websites, weblogs (or blogs), text messaging, and social media such as Facebook and Twitter.
Agencies' use of these new media has implications for congressional oversight of agency public communications. Most fundamentally, the ease of use of new media and the nature of digital communications further complicates congressional oversight and enforcement of the public communications restrictions.
This report will be updated in the event of any significant developments.