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House Ethics Manual 2022 Edition

House Ethics Manual 2022 Edition

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X. Artwork and Other Gifts of Unusual Nature on Loan to the House

If you are offered artwork or other unusual gifts that do not meet the requirements for any Gift Rule exception, you may still accept the artwork or unusual gift on loan to the House. Unusual gifts are tangible items that do not meet the requirements for any of the Gift Rule exceptions. To accept artwork or other unusual gifts on loan to the House, you must

  • Have a written loan agreement with the item’s owner;
  • Be clear in that written agreement that the item is on loan to the House and not a gift;
  • Be clear in that written agreement that the item will be returned to the owner the earliest of
    • the item being removed from official display,
    • the Member leaving office,
    • a date certain spelled out in the agreement, or
    • when the owner requests the item be returned;
  • Include a provision in the written agreement that the House does not accept liability for any damage or loss; and
  • Include the item’s value in the written agreement.

The Office of General Counsel is available to help you prepare a written loan agreement. The Committee also recommends you place a sticker or other marker on the item stating that the item is on loan to the House and identifying the item’s owner.

You may help facilitate donations of artwork or unusual gifts to the House Fine Arts Board or a museum in your district.[135] If you do, the House Fine Arts Board or the local museum will own the artwork or unusual gift, but you may ask the House Fine Arts Board or the local museum to allow you to display the item in your official office.

[135] The House Fine Arts Board has the authority to accept, on behalf of the House, gifts of works of fine art, historical objects, and similar property. 2 U.S.C. § 2122.

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Example (Additional Action Required). An artist from another state offers you a small hand carved wooden sculpture that the artist values at $500. After consulting with the Committee, the sculpture does not meet any of the Gift Rule exceptions, but the artist insists that you take the sculpture. You may enter into a written loan agreement with the artist to display the sculpture in your official office. You should contact the Office of General Counsel to draft a written agreement that meets the requirements above.

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