National Aeronautics and Space Administration

Headquarters
Washington, DC 20546-0001

May 11, 2022

Reply to Attn of: General Law Practice Group
TO: Distribution
FROM: Agency Counsel for Ethics

SUBJECT: Determination Regarding Attendance by NASA employees at the Aerospace
Industries Association/Challenger Center Reception on June 2, 2022

On June 2, 2022, the Aerospace Industries Association (AIA), a nonprofit organization under
501(c)(6) of the Internal Revenue Code, and Challenger Center, a nonprofit organization
under 501(c)(3) of the Internal Revenue Code, will host an Apollo 1 Reception at the Military
Women’s Memorial, Arlington National Cemetery in Arlington, Virginia from 10:00 a.m. —
12:00 p.m. The event is to provide a venue for informal discussion on current challenges the
aerospace community is facing. At the ceremony, there will be a wreath laying and remarks
commemorating the occasion.

Approximately 100 people have been invited to attend the reception. Attendees will have a
diversity of views or interests and will include representatives of the executive and legislative
branches of government, personnel from academia, industry representatives, members of the
public, and media. The estimated value of the event, including all food and beverages, is
approximately $20 per person. The AIA and Challenger Center are jointly in control of the all
the organizing, planning and invitations for the event.

Attendance at this event will allow NASA attendees to exchange information regarding
various NASA programs. There is also 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. I find that the event
meets the requirements of a “widely attended gathering” as defined in 5 C.F.R. § 2635.204(g).

Accordingly, NASA employees who do not have a significant role in a matter affecting the
interests of the AIA or the Challenger Center—including NASA employees in non-career
positions who are required to sign the ethics pledge under Executive Order 13989—may
accept an invitation from the hosts for free attendance for themselves and a guest 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 13989 may only attend if they reimburse the hosts the value of the
event.! However, NASA employees who have a significant role in any pending matter
affecting the interests of the AIA or the Challenger Center, such as procurement duties,
program management, or negotiating or administering a Space Act Agreement, or who
receive an invitation from a party other than the event hosts, should seek a separate
determination from their local NASA ethics office as to whether they may accept the
invitation. Attendees are reminded to exercise any COVID-19 precautions appropriate to
their individual situation.

EAR

Adam F. Greenstone

1 A non-career NASA employee subject to the ethics pledge of Executive Order 13989 may attend without
reimbursing the hosts if the individual is speaking in the event program pursuant to 5 C.F.R. §2635.203(b)(8)(i).
2