Vol. I, No. 1Washington, D.C.Free

Swamp Watch / Explainers

Explainer

What is a conflict-of-interest waiver?

Federal law bars officials from working on matters that affect their own finances, unless they get a waiver.

The short version

Federal criminal law, at 18 U.S.C. 208, prohibits executive branch employees from participating personally and substantially in government matters in which they, their spouse, their minor children, or certain organizations they are tied to have a financial interest. A waiver lets an official take part anyway.

How waivers are granted

Under section 208(b)(1), the official who appointed the employee may grant a written waiver after deciding that the financial interest is not so substantial that it is likely to affect the integrity of the employee's work. Agencies consult the U.S. Office of Government Ethics, which collects copies of these waivers.

What the law does not cover

The president and vice president are not covered by section 208. Members of Congress are governed by their own chambers' ethics rules instead.

How Swamp Watch uses this

When an official works on a matter tied to their own holdings, we look for a waiver, report whether one was granted, and describe the interest it covers.

In our reporting

Related receipts

Recent Swamp Watch receipts on this subject.