National Aeronautics and Space Administration

Headquarters
Washington, DC 20546-0001

February 7, 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 Goddard
Memorial Awards Dinner on March 18, 2022

On March 18, 2022, the National Space Club and Foundation (the Club), a nonprofit
organization under 501(c)(3) of the Internal Revenue Code, will host a gala reception and
dinner at the Washington Hilton in Washington, D.C. The event will start with a general
reception at 6:30 p.m. where the awardees are introduced and meet senior level attendees,
followed by dinner starting at 7:30 p.m. At the dinner, awards will be presented to various
individuals, including local students, for accomplishments in spaceflight, engineering,
science, management and education. The premiere award, the Robert H. Goddard Memorial
Trophy, will be presented to “an individual, group or program deemed to have made the most
significant contribution to space activity in the previous year.” This year the award will be
presented to The Ingenuity Mars Helicopter Team.

Approximately 2,500 people are expected to attend the event. Attendees will have a diversity
of views or interests and will include members from the legislative branch, academia, industry
representatives, employees of other Federal agencies, media, and members of the public. The
estimated value of the reception and dinner, including all food and beverages, is $300 per
person. The National Space Club is in control of the planning and seating for both the
reception and dinner.

There will be an earlier awardee recognition reception hosted by the Club for the awardees,
heads of agencies, senior academia representatives and senior industry representatives which
approximately 150 people will attend from 6:00 to 7:00 p.m. There will not be separate food
or beverage service at the awardee recognition reception—invitees will obtain food and
beverage from the general reception area. The awardee recognition reception will give the
awardees the opportunity to meet senior leaders from different sectors.

Attendance at these events 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 both the
plenary reception and dinner and the awardee recognition reception meet the requirements of
a “widely attended gathering” as defined in 5 C.F.R. § 2635.204(g).


Accordingly, NASA employees—including NASA employees in non-career positions who
are required to sign the ethics pledge under Executive Order 13989—who do not have a
significant role in a matter affecting the interests of the National Space Club and
Foundation—may accept an invitation for free attendance for themselves and a guest to these
events. 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 who have a significant role in any pending matter affecting the
interests of the National Space Club and Foundation, such as procurement duties, program
management, or negotiating or administering a Space Act Agreement, should seek a separate
determination from their local NASA ethics office as to whether they may accept the
invitation. Also, NASA employees who receive an invitation from an entity other than the
National Space Club and Foundation should seek a separate determination from their local
NASA ethics office.

This widely attended gathering determination does not cover the receptions in hospitality
suites that may occur both before and after the Goddard Memorial Awards Dinner. These
suites will be hosted by corporate sponsors. NASA employees not subject to the ethics pledge
of Executive Order 13989 who are invited, may receive refreshments provided in these suites
under the exception to the gift rules that allows acceptance of gifts (including refreshments
and tangible gift items) with an aggregate value of $20 or less per event, though not to exceed
$50 from the same source in the same year. However, non-career NASA employees subject
to the ethics pledge required by Executive Order 13989 must provide reimbursement for the
fair market value of any refreshments they or their guests consume in the hospitality suites.
We understand that honor baskets to do so will be provided. Attendees are reminded to
exercise any COVID-19 precautions appropriate to their individual situation.

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Adam F, Greenstone