ATTENDANCE:
Present were, Bob Conger, Bob Recker, Bryan Adams, John Manitakias, Spencer Bauer, Dan Burkett, Jeanne Innis-Olsen (by proxy to Dan Burkett), John Burkhart, Walter Meares (by proxy to John Burkhart), James Dalton, Nancy FitzGerald, Chris Kalivas, Wayne Kauffman, Jan Thomis, Jim Grace, Howard Appleman, Jim Gates, Dave Murphy, Steve Scott (RAYTHEON), Bob Smith, Linda Taylor, Don Tomajan

TO ORDER:
After a brief reception, John Burkhart called the meeting to order at 11:30 AM. John circulated the agenda which was updated to add ‘Industry Days Golf’, the agenda was then approved. He also thanked Bob Conger for hosting this months meeting.

HOST COMPANY BRIEFING:
Bob Conger of Microcosm gave a brief overview of the company’s operations.

COMPANY HIGHLIGHTS:
Most of the attending BoD members provided brief updates regarding their prospective companies.

PRESIDENT’S REPORT:
John Burkhart discussed the new guidance from NDIA National concerning sponsorship and co-sponsorship of events with government and Service components and instructions for complying with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act of 2005).
The new guidance on event sponsorship states:
“All elements of NDIA will cease use of the terms - "sponsored by" or "co-sponsored by" in advertising brochures, marketing or other material when referring to an event/activity involving a government agency or Service component. The acceptable term/statement to use in lieu of these terms, to preclude any issues pertaining to co-sponsorship or endorsement while final policy is being coordinated at OSD level is "the ys2 conference as supported by the DoD (or service component)".

The full guidance is at Attachment 1.

SECRETARY’S REPORT:
No minutes were available

TREASURER’S REPORT:
Dan Burkett’s summary is at Attachment 2.

DISBURSEMENTS REPORT:

Loren Caddick forwarded the following email to John Burkhart recommending the following disbursements:

$3,000 (same as last year)
Space Walk Camp at the Queen Mary

The money will be used to send those that cannot afford to attend. The email and the link below provide more information on Space Walk. If the BOD agrees with the recommendation, then please approve Dan Burkett to write a check to Space Walk at the Queen Mary, Inc.
The mailing address is:
Space Walk at the Queen Mary, 1126 Queens Highway, Long Beach, Ca. 92692
Lorene recommended the check be mailed as soon as possible after the BOD approval.

MEMBERSHIP REPORT:
No report was presented due to Len Jacobsen’s absence

COMMUNICATIONS REPORT:
Linda Taylor reported on various SMC initiatives and the status of the TASS follow-on contract.

PROGRAMS REPORT:
Wayne Kauffman reported on the WCD. Due to the outstanding planning and management of the event committee, the event appears to have earned more than $22,000.00. Wayne and Jan also reported that the Beverly Hills Hilton would not be available for the same date next year. Bryan Adams volunteered to initiate a search of available alternatives and report back to the board on the results of his search. Jim Dalton also recommended that we convene a committee as soon as possible to nominate the 2006 Bob Hope Distinguished Citizen recipients and the guest speaker.

OLD BUSINESS:
None

NEW BUSINESS:
None

. ADJOURNMENT:
The meeting was adjourned at 1:30 PM

The next meeting will be held at Raytheon, 10 May, hosted by Steve Scott.






Attachment 1
National email on Guidance on Event Sponsorhip/Co-sponorship And Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003

Recently several actions and directives by U.S. Government agencies have necessitated the following interim guidance (interim because further rulings are in the offing )for NDIA components:

1. All elements of NDIA will cease use of the terms - "sponsored by" or "co-sponsored by" in advertising brochures, marketing or other material when referring to an event/activity involving a government agency or Service component. The acceptable term/statement to use in lieu of these terms, to preclude any issues pertaining to co-sponsorship or endorsement while final policy is being coordinated at OSD level is "the ys2 conference as supported by the DoD (or service component)".

2. The new rules of the CAN-SPAM Act goes into effect March 28, 2005. The rules regulate all "commercial electronic mail messages" whether unsolicited or not, and whether sent alone or in bulk.

3. The use of the NDIA logo by NDIA components can cause conclusion with respect to sponsorship. In the future, components wishing to use the NDIA logo will include the chapter or component name along with the logo to insure understanding of who is conducting the event or activity.

NDIA CAN-SPAM Act Compliance Guide - Preparing and Sending Email messages to Members and Non-members:
The purpose of this guide is to provide the following:
Section 1: Background and Policy
Section 2: Definition of the two primary types of email messages
Section 3: General guidance on messages to members and non-members
Section 4: Preparing the email message
Section 5: Sending Guidelines to include required statements

Section 1: Background and Policy:
1. Background:
The new rules of the CAN-SPAM Act, which stands for Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, go into effect March 28, 2005. The rules regulate all "commercial electronic mail messages" whether unsolicited or not, and whether sent alone or in bulk. The rules require that if a message is of the "commercial" type it must have:
a. Clear and conspicuous notice that the message is an advertisement or solicitation
b. a valid postal address of the sender
c. an ability to electronic opt-out from future emails of this nature
Per the FTC's "Primary Purpose" test, a "Commercial" message is defined as:
-- any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose.
-- an e-mail that contains both commercial content and also content that is considered "transactional or relationship message" and either a) the recipient deems from its subject line that the message advertises or promotes a product or service or b) the "transactional or relationship" content is not located at or near the beginning of an e-mail.
-- an e-mail that contains both commercial and non-commercial content, and a) from the subject line the recipient concludes that the e-mail advertises or promotes a product or service or b) if the recipient concludes from the text that the main purpose is to advertise or promote a product or service. Note that in a) and b) above it is what the recipient deems, recipient concludes - not what sender intended -- that determines if your email is "commercial". Although the FTC has chosen not to make a clear distinction between a "Sell" message from a non-profit or a commercial firm, it is mindful of the relationship between an association and its members, and the benefits they expect to receive from said membership - cf. Section 2.
The Act generally pre-empts all existing and pending state laws on Spam. However, state laws concerning false and deceptive practices are still valid. Note that a nonprofit that sends a commercial message in violation of the Act may need to defend itself in an action brought by a state attorney general or an Internet service provider, both of which have congressional authority to enforce CAN-SPAM (along with the FTC) and are not subject to the jurisdictional limits of the FTC. CAN-SPAM is enforceable by way of injunctions, restraining orders, and/or fines. Importantly, unlike the federal law governing unsolicited commercial faxes, CAN-SPAM provides for no private right of action; a recipient of an unlawful e-mail cannot bring suit against the sender.

2. Policy: All entities of NDIA (affiliates, chapters, divisions) will comply with the following guidance on preparing and sending emails. The guidance delineates between sending email messages to members and to non-members. With careful attention to the guidelines you should be able to keep your emails to members within the bounds for "transactional/relationship" messages, thus precluding the use of the "opt-out" provision in emails to them and their inadvertent "opt-out" , and thus the removal of their important email address from the database.

Section 2: Types of Messages:
For the purposes of complying with the Act email messages are classified into two primary types:
1. Type "Transactional/Relationship":
These are messages to members and customers where they have already agreed to receive information or content as a result of becoming a member, registering for an event, or through their own email request.
2. Type "Commercial":
See Section 1 - FTC Primary Purpose Test for definition. An email announcement/solicitation concerning an event to a non-member, or an email to a non-member promoting membership is considered "commercial" so the Act applies.
Section 3: Email messages to Members and Non-members:
1. Messages to Members:
The basic guidance is if you are sending something to a member that the member expects as part of membership - and it is related to the primary mission of the association then it may be considered "transactional/relationship" - so the Act does not apply. Thus announcements to members on an upcoming event, a register for, would be ok, same with a membership renewal message, or registration confirmation message. (but best to tweak the subject line as discussed below in Section 4). NOTE: An email to a member promoting their use of an American Express Credit Card is not related to the primary purpose of the association and would have to follow the rules for a "commercial" message under the CAN-SPAM Act.
2. Messages to Non-members:
You are not precluded from sending any email to non -members. In drafting your message, review it from the perspective of the recipient. If the message is purely informational or in response to an email request then follow the guidelines for preparing a "Transactional/Relationship" message as outlined in Section 4. below. If your gut tells you it's is intended to sell something, even in an in implied, or circuitous manner, then call it "Commercial" and follow the guidelines for sending "Commercial " messages. .
Section 4: Preparing Your Message
In preparing your message, all email message originators will need to determine whether their message is 'transactional/relationship', 'Commercial" or a combination of both. Ensure appropriate SUBJECT line headings and organization of material therein, to preclude violations of the Act. The examples provided are based on sample emails provided by the NDIA staff and are not necessarily all encompassing. You may provide a draft or sample for review.
1. Type "Transactional/Relationship":
These are messages to members and non-members where they have already agreed to receive information or content as a result of joining, registering for an event, or through their own email request. Please note the importance of wording of your Subject line to classifying this type. Also note that "Transactional/Relationship" emails can be sent to non-members, even though they did not request anything, as long as they are strictly informational and do not promote, solicit or sell in any manner.
Examples of "Transactional/Relationship" are:

Subject: I/ITSEC 2005 Registrants - Your February Update
Subject: Memo to I/ITSEC Executive Committee and Sustaining Members
Subject: Your NDIA Membership Renewal
Subject: Confirmation of Your Registration for _______________
Subject: NDIA Member Legislative Alert
Subject: NDIA Newsletter (If it's just news ok, but if there is an implied "sell" pitch you are in the next message type)
Subject: Welcome to NDIA Membership - Your Membership Benefits
Subject: NDIA Small Business Conference Participants - Your Conference Agenda
Subject: Meeting Registration Payment - a confirmation message
Subject: Request for Master ID for using NDIA Membership Site
Subject: Requested Information on NDIA Corporate Membership

2. Mixed "Transactional/Relationship" and "Commercial":
These are messages to members or non-members where through some avenue they have already agreed to something but you are using that as a hook to solicit, promote, invite or sell something else, or where you are providing information but then trying to sell something:
The bottom-line - clearly these messages are "commercial" in nature - trying to sell. If being sent to a member they may be considered "transactional/relationship" as long as the content is related to the primary mission of the association - if it is not then follow the rules for "Commercial". If being sent to a non-member, follow the rules for "Commercial".
Examples:

Subject: Life Membership in NDIA -
An invite, with the benefits, but with a direct link to print Application
Subject: National Defense Magazine -
3-month Trial Subscription A thanks for applying, but an internal promo, solicitation for something else
Subject: Thank You for Exhibiting at ________________
- An email template pre-show to exhibitors, but internally a pitch for other programs or services
Subject: Tennessee Valley Chapter Awards Dinner, April 28, 2005
Information on the event but with registration appeal, see following section on unclear subject line
3. Type "Commercial":
These are the typical "Register For", "We still have seats Available", "Don't Miss", "Mark Your Calendars for -- and Register". 99.99% of our emails advertising or promoting our events fall in here, because fees and registration provision are included.
These messages to members can be considered "transactional/relationship", but to ensure such clearly note in the subject line that the message is intended for association members, i.e. , "NDIA Members - We still have seats for…..".
These messages to non-members are to be considered "commercial" even though we may believe we have a relationship with the recipient, particularly as, if the recipient views as "commercial" it is "commercial".
Note when preparing a "Commercial " message that the Subject Line must be accurate, non-misleading, and give the recipient a clear idea that the message has the primary purpose of advertising or promoting an event or an activity. Examples:
The Subject line "PSTS-04-October 12-14,2004" is insufficient. More appropriate is "Register for PSTS -04-October 12-14, 2004"

The Subject line "Hon. Paul Wolfowitz, Deputy Secretary of Defense to attend PSTS-04" is misleading. This is should be a "Register for_______"
Acceptable is: "NDIA V-22 Osprey Navy Industry International Dialogue -- Registration Ends January 11"
Unclear is: Subject: "NDIA's Test and Evaluation Forum"
Section 5: Sending Guidelines:
1. All email messages to members and non-members: Include the following:
To ensure that you receive all NDIA newsletters and other valuable email communications you've requested from us please add Newsletter@NDIA.ORG to your list of trusted senders (called the White-List).
2. Type "Transactional/Relationship":

a. These do not fall under the Act. Again, ensure such, by clearly noting in the subject line that the message is intended for association members or to non-members you are responding to. 2 and 3: Mixed "Transactional/Relationship"/"Commercial" and "Commercial':
a. All "Commercial" type emails, whether single or bulk, to members and or non-members will have the following notification at the bottom of the message -
This email is sent in compliance with the CAN-SPAM Act of 2003 and has been sent to you as a member or customer of the National Defense Industrial Association http://www.ndia.org) and its affiliates AFEI, NCWG, NTSA, PSA, and WID. Please be advised that NDIA and its affiliates do not sell mailing lists or provide customer information to other organizations. Your E-mail address is used to maintain member and customer contact and provide notification of new activities. To "opt-out" from receiving future messages of the type you have received, please send a message to remove@ndia.org. Your email address will be removed from our database within 10 business days.
National Defense Industrial Association, 2111 Wilson Blvd, Ste 400, Arlington VA 22201-3061

b. Ensure that your Subject line is accurate, non-misleading, and gives the recipient a clear idea that the message has the primary purpose of advertising or promoting an event or an activity.
Questions to:
Bron Prokuski
NDIA VP, Business Operations
Tel: 703-247-2548
Email adderss: bprokuski@ndia.org
This e-mail forwared by Molly Flanagan

Attachment 2
NDIA Treasurer Report

NDIA checking account balance (31 Mar 05) $108,860.75

Receivables (WCD 2005)* $33,300.00

Payables (uncertain) $0.00

Estimated net worth: $142,160.75

Uncertain receivables (WCD 2004) estimated $11,000.00

Possible net worth including uncertain rx: $153,160.75

Activities:
WDC 2005 net proceeds: approximately $22,000.00
based on profit target of $15,000 plus $7,000 not expended on BoD reception

*Receivables based on WCD 2005 checks not recorded or recieved as of 19 Mar 05:
Boeing $18,000
LM $9,000
Sun $3,000
Harris $3,000
Marriott $300
Total $33,300