Reply to Attn of:

National Aeronautics and Space Administration

Headquarters
Washington, DC 20546-0001

December 9, 2019
General Law Practice Group
TO: Distribution
FROM: Agency Counsel for Ethics

SUBJECT: Determination Regarding Attendance by NASA Employees at the
Virgin Space Reception December 17, 2019

On December 17, 2019, Virgin Space, which is comprised of Virgin Galactic, Virgin Orbit,
The Spaceship Company, and VOX Space, will host a reception at the Calico Restaurant in
Washington, D.C. starting at 6:30 p.m. The event will provide an opportunity for informal
discussion on the challenges surrounding human spaceflight. Virgin Orbit is sending the
invitations with advice from the other Virgin Space members. Virgin Space is in control of
the planning and organizing for the reception.

Approximately 150 people are expected to attend the reception. The estimated cost for the
reception, including all food and beverages, is approximately $50 per person. Attendees will
have a diversity of views or interests and will include personnel from other federal agencies,
representatives from the legislative branch of the government, academia, industry, media,
and members of the public. Attendance at this event will allow NASA attendees to exchange
information regarding various NASA missions and programs. I find that this event meets the
requirements of a “widely attended gathering” as defined in 5 C.F.R. § 2635.204(g).

I further determine that there is an Agency interest in having NASA personnel attend these
events because it will provide an opportunity for the invited persons to exchange ideas and
views pertaining to NASA’s policies, programs and operations. Accordingly, NASA
employees who do not have a significant role in a matter affecting the interests of any of
the Virgin Space members may accept an invitation for free attendance to this event. In
those circumstances, I find that the Agency’s interest in attendance outweighs any concern
that the individual may be, or may appear to be, improperly influenced in the performance
of their duties.

However, NASA employees in non-career positions who are required to sign the ethics
pledge under Executive Order 13770 may only attend the reception if they reimburse the
organizers the fair market value of the event. Additionally, NASA employees who have a
significant role in any pending matter affecting the interests of any of the organizers, such as
procurement duties, program management, or negotiating or administering a Space Act


Agreement, should seek a separate determination from their local ethics counselor as to
whether they may accept the invitation for this event.

You are also reminded of the $20 gift exception at 5 C.F.R. § 2635.204(a), at which provides
that employees may accept gift items valued at no more than $20 per occasion (and no more
than $50 from one source in a calendar year). We understand Virgin Orbit will be giving
beanie hats (value $6.00), a pen (value $1.00), and a flight tag (value $1.00) for a total value
of $8.00 to all attendees. NASA employees in non-career positions who have signed the
ethics pledge may only accept the items if they reimburse the sponsor.

BH 4—

Adam F. Greenstone