National Aeronautics and Space Administration 

Reply to Attn of:

John F. Kennedy Space Center

Kennedy Space Center, FL 32899

CC

September 12, 2023

TO: All NASA Employees

FROM: CC/Chief Counsel

SUBJECT: Determination Regarding Attendance by NASA Employees at the Psyche 

Mission Team Celebration, October 4, 2023

Arizona State University (ASU), a non-profit organization under 501(c)(3) of the Internal 

Revenue Code, and Maxar Technologies, a for-profit company, will host the Psyche mission 

team at a VIP reception in the Apollo/Saturn V Center at the Kennedy Space Center Visitor 

Complex in Merritt Island, Florida, on Wednesday, October 4, 2023. ASU is in control of the 

planning, organizing, and issuing of invitations for this event. More than 250 guests are 

expected to attend the event, which consists of a cocktail-style reception with no formal 

seating arrangements. The reception will introduce guests to a range of ASU research and 

initiatives, from ocean research to lunar rovers to virtual-reality alien zoos as biology lab. 

With the theme of “Experience the Hidden Treasures of ASU and Psyche,” the reception will 

offer those present the chance to interact with members of the mission team, including Lindy 

Elkins-Tanton, and ASU leadership. Guests will include Federal legislators, state and local 

officials, academia, industry representatives, NASA personnel, personnel from other Federal 

agencies and the Department of Defense, members of the public, other contractors, and many 

more. The value of the gala is approximately $62.00 a person. Attendees are invited to bring 

a guest, such as a spouse, to the event, at no additional charge. 

 

While Federal employees are generally prohibited from accepting gifts from prohibited 

sources such as ASU and Maxar, there is a regulatory exception at 5 C.F.R. § 2635.204(g)(2) 

that permits Federal employees to accept gifts of free attendance at Widely Attended 

Gatherings when it is in the agency’s interest for employees to attend because their doing so 

will further agency programs and operations. 

 

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

Gatherings, I find these events meet the requirements of a widely attended gathering, and I 

further determine that there is an Agency interest in having NASA personnel attend these 

events because their participation will further Agency programs and operations. These events 

will allow NASA employees to honor and show support for the Psyche mission and NASA 
2

milestones within its program. These events will also provide 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 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 any of the sponsors 

may accept an invitation for complimentary attendance at these events. NASA employees 

whose duties may substantially affect either of the sponsors, such as by way of procurement 

duties or administration of Space Act agreements, should seek an individual determination 

regarding participation in these events from the Office of the General Counsel. 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). We understand that ASU and Maxar will be 

distributing a gift bag valued at approximately $22.54 (optional). Employees may accept any 

item(s) that are under or at the $20 gift exception rule. 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 

 

 

 

 

 

 

 

 

 

 

 

 

DANIEL SHAVER

Digitally signed by DANIEL 

SHAVER

Date: 2023.09.12 17:03:26 -04'00'