National Aeronautics and Space Administration

John F. Kennedy Space Center

Kennedy Space Center, FL 32899

December 14, 2023

Reply to Attn of: CC

TO: All NASA Employees

FROM: CC/Chief Counsel

SUBJECT: Determination Regarding Attendance by NASA Employees at the Axiom Space Ax-3 

Launch Event, January 9, 2024

Axiom Space will host the Axiom Space Ax-3 Launch Event Tuesday, January 9, 2024, at OSB II, 

Kennedy Space Center, Florida, from 5:00 p.m. to 9.00 p.m. Approximately 250 guests are 

expected to attend the event, serving food and refreshments. This event is by invitation only. 

Guests include NASA officials, SpaceX, National Space Council representatives, other Federal 

Agency officials, industry leaders, foreign dignitaries, state and local officials, and members of the 

public, and media. The value of the refreshments is approximately $50 per person. 

In accordance with 5 C.F.R. § 2635.204(g), Gifts of Free Attendance at Widely Attended 

Gatherings, I find this event meets the requirements of a widely attended gathering, and I further 

determine that there is an Agency interest in having NASA personnel attend this event because their 

participation will further Agency programs and operations. Specifically, this event allows NASA 

employees to honor and show support for employees who have participated in the launch, and to 

recognize important contributions to U.S. aerospace efforts. This event also provides a forum for 

the attendees to disseminate information on NASA's ongoing activities and to discuss matters of 

interest to NASA with a diverse group of fellow attendees. Because of these benefits to NASA and 

having considered the factors enumerated in 5 CFR § 2635.204(g)(4), I also find that the Agency's 

interest in the invited NASA employees' attendance outweighs the concern that such employees 

may be, or may appear to be, improperly influenced in the performance of official duties. 

Accordingly, NASA employees whose duties do not substantially affect the sponsor may accept an 

invitation for complimentary attendance at these events. NASA employees whose duties may 

substantially affect the sponsor, such as by way of procurement duties or administration of Space 

Act agreements, should seek an individual determination regarding participation in this event from 

the KSC Office of the General Counsel. 

However, NASA employees in non-career positions who are required to sign the ethics pledge under 

Executive Order 13989 may only attend the reception if they reimburse the sponsor the fair market 

value of the event. An honor basket will be provided. 

You 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 for each occasion (and no more than $50 

from one source in a calendar year). Because Axiom Space will be offering a gift bag valued at 
2

approximately $79.05 (optional if using bus transportation), civil servants may accept these gift 

bags only if they pay to Axiom Space $79.05. Otherwise, civil servants may accept any 

individually-offered items that, in the aggregate, have a fair market value of no more than $20; that 

is, civil servants may decline any “distinct and separate” items in order to accept items aggregating 

$20 or less. NASA employees in non-career positions who have signed the ethics pledge may only 

accept a gift item if they reimburse the sponsor.

Daniel P. Shaver 

Agency Designee

DANIEL SHAVER

Digitally signed by DANIEL

SHAVER

Date: 2023.12.14 12:44:17 -05'00'