Policy
Directive
Effective Date: October 09, 2024
Expiration Date: October 09, 2029
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NASA Policy Directive |
NPD 1030.1J Effective Date: October 09, 2024 Expiration Date: October 09, 2029 |
a. It is NASA's policy to ensure that:
(1) Gifts of more than minimal value from foreign governments to NASA employees be returned to the donor, or accepted, retained, and disposed of in accordance with constitutional, statutory, and regulatory requirements. Minimal value is set by the General Services Administration and is adjusted every three years based on the Consumer Price Index. Refer to Receipt and Disposition of Foreign Gifts and Decorations, 5 U.S.C. § 7342(a)(5). The current value of minimal value is provided in Utilization, Donation, and Disposal of Foreign Gifts and Decorations, 41 CFR § 102-42.10.
(2) No appropriated funds, other than funds from the "Emergencies in the Diplomatic and Consular Service" account for the Department of State, may be used to purchase any tangible gift of more than minimal value for any foreign individual without the express consent of Congress pursuant to Limitation on Purchase of Gifts for Foreign Individuals, 22 U.S.C. § 2694. The purchase of any tangible gift of less than minimal value for any foreign individual will comply with applicable law and NASA policy regarding the use of appropriated funds for gifts.
a. This directive applies to NASA Headquarters and NASA Centers, including Component Facilities and Technical and Service Support Centers.
b. In the event of any conflict between this directive and other NASA directive or regulation, this directive will govern and supersede any previous issuance or directive.
c. In this NPD all mandatory actions (i.e., requirements) are denoted by statements containing the term "shall," the terms "may" or "can" denote discretionary privilege or permission, "should" denotes a good practice and is recommend but not required, "will" denotes expected outcome, and "are/is" denotes descriptive material.
d. In this directive, all document citations are assumed to be the latest version unless otherwise noted.
a. Titles of Nobility; Presents and Emoluments from Foreign States to Officers of United States, U.S. Const. art. I, § 9, cl. 8.
b. Limitation on Purchase of Gifts for Foreign Individuals, 22 U.S.C. § 2694.
c. National Aeronautics and Space Act, 51 U.S.C. § 20113(a).
d. NASA Equipment Management Procedural Requirements, NPR 4200 Chapter 2.
None.
a. The Administrator, or designee, is responsible for making a final determination as to whether a decoration from a foreign government is tendered in recognition of active field service in time of combat operations or awarded for other meritorious performance and approving an employee`s acceptance of the decoration. Prior to approval by the Administrator, or designee, requests for acceptance of a foreign decoration shall be reviewed by the Office of International and Interagency Relations (OIIR), the Office of the General Counsel (OGC), and the Office of Communications (OCOMM).
b. OIIR is responsible for the following:
(1) Providing, in consultation with the Assistant Administrator for Communications and the General Counsel, advice to employees on the appropriateness of accepting or refusing a gift from a foreign government, including travel. OIIR shall provide a written request to OGC for consultation and legal guidance on the disposition of a gift from a foreign government that includes an estimation of the fair market value of such gift, a determination of the donor of such gift, and the donor's foreign government status.
(2) Receiving foreign gifts that are not accepted by employees.
(3) Examining the circumstances surrounding a gift from a foreign government of more than minimal value.
(4) Consulting with OGC and the Department of State, if necessary, and determining whether it is appropriate to return a gift to a foreign government.
(5) Determining whether a gift from a foreign government may be properly displayed in a public area at NASA Headquarters or a NASA Center or Component Facility.
(6) Determining whether a gift from a foreign government should be disposed of in accordance with Federal Property Management Regulations.
(7) Compiling a list of foreign gifts received by employees during the preceding calendar year and transmitting the list to the Secretary of State on an annual basis.
(8) Arranging for an appraisal of gifts from foreign governments if necessary due to a dispute over value, at the request of the General Services Administration, or as otherwise required. Appraisals are necessary when an employee wishes to purchase the gift or decoration or when the Agency intends to report an item as excess property that it had retained for official use. Appraisals are also required for personalized gifts, such as books signed by the author or personally labeled gifts. Appropriated funds may be used for commercial appraisals when the Associate Administrator for OIIR determines that doing so would be in the interest of the Government, such as by facilitating a disposition of the gift that is more favorable to diplomatic relationships.
(9) Ensuring that employees are informed of the requirements of 5 U.S.C. § 7342.
(10) Maintaining liaison with the Department of State in the implementation of 5 U.S.C. § 7342 and 22 U.S.C. § 2694.
(11) Disseminating notice to employees of changes to the regulatory definition of "minimal value" when necessary.
(12) Reviewing requests for acceptance of a foreign decoration and providing a written recommendation on such request to OGC prior to approval by the Administrator, or designee.
c. OCOMM is responsible for reviewing requests for acceptance of a foreign decoration prior to approval by the Administrator, or designee.
d. OGC is responsible for the following:
(1) Providing legal advice to OIIR with regard to the disposition of gifts from foreign governments.
(2) Making a final determination of the disposition of gifts from foreign governments.
(3) Reviewing requests for acceptance of a foreign decoration prior to approval by the Administrator, or designee.
e. All NASA employees are responsible for the following:
(1) Refraining from requesting, soliciting, or encouraging tender of gifts from foreign governments, regardless of value.
(2) Ensuring that their spouses and dependent children refrain from requesting, soliciting, or encouraging tender of gifts from foreign governments, regardless of value.
(3) Establishing whether a gift from a foreign government is of minimal value.
(4) Advising a foreign government of a gift of more than minimal value that it is contrary to the policy of the United States (U.S.) for employees, their spouses, or dependent children, to accept such gifts of more than minimal value.
(5) Requesting advice from OIIR regarding the appropriateness of accepting a gift from a foreign government which may be of more than minimal value, if time permits, in advance of acceptance. Where time does not permit, the employee shall inform OIIR immediately after acceptance.
(6) Dispositioning a gift from a foreign government of more than minimal value with OIIR no more than 60 days after receipt, and arranging for secure transportation, such as registered mail, if necessary to meet the deadline. The employee will include a statement with the gift containing the employee's name and position, the date received, the place of presentation, a description of the gift, the circumstances justifying acceptance, the identity of the foreign government, and the name and position of the individual who presented the gift, the estimated value of the gift in the U.S. at the time of acceptance, and an indication as to any interest in participating in any subsequent sale of the item by the U.S. In the case of a gift of travel or expenses for travel taking place entirely outside the U.S., and for which advance approval was not granted, the statement will be filed within 30 days of acceptance.
(7) Requesting approval from the Administrator, or designee, prior to acceptance of a decoration from a foreign government, regardless of value.
(8) Promptly reporting suspected violations of 5 U.S.C. § 7342 or this directive to the NASA Inspector General.
f. Employees may retain gifts from a foreign government of minimal value received as souvenirs or marks of courtesy. When a foreign gift of more than minimal value is accepted, such gift becomes the property of the U.S. Government. Employees may accept gifts of international travel from a foreign government when acceptance is appropriate, consistent with the interests of the U.S., and consistent with this policy.
g. Employees may accept decorations that have been offered or awarded for outstanding or unusually meritorious performance, subject to the approval of the Administrator or designee. If the Administrator, or designee, disapproves the acceptance of the decoration, it will become the property of the U.S. Government.
The Administrator has delegated to the NASA General Counsel the authority to make determination on a foreign decoration and to approve employees' acceptance of such decoration.
In assessing whether NASA is in compliance with current directives or regulations, as applicable, the OIIR will compile a list of foreign gifts received by employees during the preceding calendar year and transmit the list to the Secretary of State on an annual basis.
NPD 1030.1I, Acceptance by Employees or Gifts or Decorations from Foreign Governments to Foreign Individuals, dated August 23, 2000.
CFR Code of Federal Regulations
OCOMM Office of Communications
OGC Office of the General Counsel
OIIR Office of International and Interagency Relations
NPD NASA Policy Directive
NPR NASA Procedural Requirements
U.S. United States
U.S.C. United States Code
a. Receipt and Disposition of Foreign Gifts and Decorations, 5 U.S.C. § 7342.
b. Utilization, Donation, and Disposal of Foreign Gifts and Decorations, 41 CFR pt. 102-42.
This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.