National Aeronautics and Space Administration 

Reply to Attn of:

John F. Kennedy Space Center

Kennedy Space Center, FL 32899

CC

April 3, 2023

TO: All NASA Employees

FROM: CC/Chief Counsel

SUBJECT: Determination Regarding Attendance by NASA Employees at the NASA Tropospheric 

Emissions: Monitoring Pollution (TEMPO) Pre-Launch Reception, April 6, 2023

Maxar Technologies and Ball Aerospace will host the TEMPO Pre-launch Reception Thursday, 

April 6, 2023, at Rising Tide Tap and Table in Port Canaveral, Florida, from 5:30 p.m. to 8:00 p.m. 

Approximately 300 guests are expected to attend the reception, serving heavy hor d'oeuvres and two 

drink tickets per person. This event is by invitation only. Guests include employees of NASA, 

SpaceX, Smithsonian, and Intelsat; industry leaders; and members of academia. The value of the 

dinner is approximately $40 per person. Agency invitees have been invited to bring a guest with them 

to the event with complimentary admission. 

 

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, including NASA 

employees in non-career positions who are required to sign the ethics pledge under Executive Order 

13989, 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. 

 

Although attendance at this event constitutes an exception to the general prohibition on acceptance of 

gifts, 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 
2

more than $50 from one prohibited source in a calendar year. We understand that Ball Aerospace will 

be distributing aluminum cups valued at $2.00.

Daniel P. Shaver 

Agency Designee 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DANIEL SHAVER

Digitally signed by DANIEL 

SHAVER

Date: 2023.04.03 10:28:53 -04'00'