Federal anti-nepotism law lives primarily in 5 U.S.C. § 3110 — a statute passed in 1967 in the wake of Robert Kennedy's appointment as Attorney General by his brother. The law prohibits a public official from appointing, employing, promoting, or advancing a relative in any agency over which the official exercises jurisdiction. "Relative" is defined broadly to include spouses, children, parents, and siblings.
The White House Exception
In 2017, the Office of Legal Counsel issued an opinion concluding that a separate statute — 3 U.S.C. § 105, authorizing White House staff appointments — effectively exempts the White House from the anti-nepotism law. This provided the legal basis for Jared Kushner and Ivanka Trump to serve as senior advisors. The opinion was criticized by many legal scholars as a strained reading, but it was not successfully challenged in court.
"The anti-nepotism statute was passed because Congress decided that family relationships and government employment are a bad mix. Whether the White House is technically covered or not, the reasons for the rule apply there as much as anywhere."
Gaps in Coverage
The statute doesn't cover contractors, advisory board appointments, or indirect financial benefits — a policy decision that benefits a relative's business falls entirely outside its reach. Ethics reform advocates have proposed closing these gaps, but comprehensive legislation has not advanced. The result is a statute that addressed the most visible form of nepotism while leaving subtler arrangements unregulated.