National Aeronautics and Space Administration

Headquarters
Washington, DC 20546-0001 7
December 18, 2019

Reply to Attn of: General Law Practice Group
TO: Distribution.
FROM: Alternate Designated Agency Ethics Official

SUBJECT: Determination Regarding Attendance by NASA Employees at Boeing
Orbital Flight Test Launch Events on or about December 20, 2019

The Boeing Company is scheduled to launch an Orbital Flight Test (OFT), the first orbital
mission of the CST-100 Starliner crew capsule from Kennedy Space Center, Florida
currently scheduled for December 20, 2019. The events include an evening pre-launch
reception at the Apollo Visitor Center in Banana Creek, Florida, from 6:00 p.m. to 8:00 p.m.
the day before launch, and a post-launch breakfast reception at the Kennedy Space Center
Launch Gantry from 8:00 a.m. to 10:00 a.m. Dates and times may change due to launch
decisions.

Approximately 250 guests have been invited to attend both events. Invitees include
representatives from state and local government, U.S. industry, news media, the U.S.
legislative branch, and the U.S. executive branch. The value of the events, which includes
all food and refreshments, and for the post-launch reception on-location transit within
Kennedy Space Center to access the transit restricted event location will be approximately
$70 for the pre-launch reception, and $52 for the post-launch reception. I find that these
events meet the requirements of a “widely attended gathering” as defined in 5 C.F.R. §
2635.204(g)(2).

I further determine that free attendance at the above mentioned events are in the interest of
the Agency because they will further Agency programs and operations. Attendance at these
events will allow NASA attendees to exchange information regarding various NASA
programs, and to learn perspectives from different communities on NASA’s plans and
activities. Accordingly, NASA employees (subject to the exceptions noted below) who
have been invited to attend may accept free attendance for themselves and a guest to the
events. 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 whose duties may substantially affect an event sponsor, such as
by way of contracting duties, should seek an individual determination pursuant to 5 C.F.R.
§ 2635.204(g)(3)(), from their local ethics counselor. Moreover, NASA employees who are


in non-career positions in which Executive Order 13770 requires signing an ethics pledge
may only attend the events if they reimburse the sponsor the value of the event(s) they
attend, and any gift items accepted for themselves and their guest.!

Attendees other than non-career NASA employees subject to the ethics pledge of Executive
Order 13770 are reminded of the $20 gift exception at 5 C.F.R. § 2635.204(a) which
provides that employees may accept gifts valued at no more than $20 per occasion (and no
more than $50 from one source in a calendar year). Boeing also plans to distribute a Tervis
Cup worth $16.50 and a tote bag worth $11. Further, Boeing may offer bus transportation
to and from local hotels for the pre-launch reception estimated to be worth, per round trip,
$10, and for the post-launch reception $14. NASA employees who are not subject to the
ethics pledge (and who will remain in compliance with the $50 limit to the $20 rule) may
accept one of these offerings for the employee and his/her guest in total—the Tervis Cup,
tote bag, or round trip bus transportation for one event—without reimbursing Boeing, and
should reimburse for the other(s) of such offerings received by the employee and guest.
NASA employees in non-career positions who have signed the ethics pledge must reimburse
Boeing for any of these offerings they choose to accept.

All NASA employees attending may accept the gift of an OFT commemorative coin Boeing
plans to distribute.

BiG

Adam F.

| A NASA employee in a non-career position subject to the Ethics Pledge of Executive Order 13770 who
delivers a scheduled presentation, or is determined by NASA to be necessary to accompanying a presenting
employee, at either event may accept free attendance to that event pursuant to 5 C.F.R. § 2635.203(b)(8)(i).

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