National Aeronautics and Space Administration

Headquarters
Washington, DC 20546-0001
February 11, 2020

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

SUBJECT: Determination Regarding Attendance by NASA Employees at the U.S. Chamber
of Commerce 2020 Annual Aviation Summit on March 5, 2020

On March 5, 2020, the U.S. Chamber of Commerce, a non-profit organization under Section
501(c)(6) of the Internal Revenue Service Code, will hold a breakfast, lunch and reception in
conjunction with the 2020 Annual Aviation Summit, at the Ronald Reagan Building and
International Trade Center in Washington, DC, from 7:00 a.m. — 6:00 p.m. The event is to
provide a venue for informal discussion for representatives from a wide range of backgrounds
on technology, innovation and the future of aviation. Approximately 3,500 people are
expected to attend the event. Attendees will have a diversity of views or interests and will
include representatives from the legislative branch, academia, industry, media, personnel from
other federal agencies, professional societies, scientific organizations, and members of the
public. The estimated cost of the event, including all food and beverages, is approximately $25
per person for breakfast, approximately $40 per person for lunch, and approximately $35 per
person for the reception. A wide segment of the aviation industry will be represented by the
speakers at the various events. Additionally, the Carol B. Hallett award will be awarded during
the reception. The U.S. Chamber of Commerce is in control of all the arrangements and
invitations for this event. Attendance at this event will allow NASA attendees to exchange
information regarding various NASA programs.

I find that these events meet 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. 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. Accordingly, NASA employees who do not have a significant role in a matter affecting
the interests of the U.S. Chamber of Commerce may accept an invitation for free attendance to
these events from the organizer.

However, NASA employees in non-career positions who are required to sign the ethics pledge
under Executive Order 13770 may only attend if they reimburse the sponsors the fair market


value of these events. It is our understanding that there will be an honor basket available at
each event for employees who must reimburse to attend.

Additionally, NASA employees who have a significant role in any pending matter affecting the
interests of the U.S. Chamber of Commerce, 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.

Attendees are also 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). We understand there will be “door prizes”
given out as gifts during the reception. NASA employees may only accept these door
prize/gifis if they reimbursg the fair market value of the gift.

LE

Adam F. Greenstone