National Aeronautics and Space Administration

John F. Kennedy Space Center

Kennedy Space Center, FL 32899

Reply to Attn of: CC

TO: All NASA Employees

FROM: CC/Chief Counsel

SUBJECT: Determination Regarding Attendance by NASA Employees at the Peregrine 

Lunar Lander Mission (PM1) Pre-Launch Reception, Port Canaveral, Florida, 

December 23, 2023

Astrobotic will host the PM1 Pre-Launch Reception on Saturday, December 23, 2023, at 

Rising Tide Tap & Table, Port Canaveral, Florida, at 9.00 p.m. Approximately 75 guests 

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

only. Guests include Congressmen and staffers, state and local officials, academia, 

industry representatives, NASA personnel, personnel from other Federal Agencies/DoD, 

members of the public, media, payload customers, Astrobotic employees. 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. 
2

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 Astrobotic will be distributing gift bags 

containing items with an aggregate value of $30, civil servants may accept these gift bags 

only if they pay Astrobotic $30. Otherwise, civil servants may accept any individuallyoffered 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: 2023.12.13 16:30:00 -05'00'