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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: May 22, 2003

SUBJECT: Federal Travel Regulation (FTR) Amendment 2003-04, Conference Planner Use of Promotional Materials

SOURCE: Federal Register, May 22, 2003, Vol. 68, No. 99, page 27936

AGENCIES: General Services Administration (GSA)

ACTION: Final Rule

SYNOPSIS: This final rule amends FTR Part 301, Temporary Duty (TDY) Travel Allowances, by clarifying provisions regarding promotional benefits or materials that a conference planner receives from a travel service provider.

EDITOR'S NOTE: The FTR is Chapters 300 through 304 of Title 41 of the Code of Federal Regulations (CFR).

EFFECTIVE DATE: May 22, 2003.

FOR FURTHER INFORMATION CONTACT: Jim Harte, Office of Governmentwide Policy, Travel Management Policy, 202-501-0438. Cite "FTR case 2003-304, FTR Amendment 2003-04" when referring to this final rule.

SUPPLEMENTAL INFORMATION: The Federal Acquisition Streamlining Act of 1995 (Public Law 103-355), Section 6008, Cost Savings for Official Travel, required that promotional items, including frequent flyer miles, earned on official travel be used for official travel only. However, on December 28, 2001, President Bush signed into law the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107), and its Section 1116, Retention of Travel Promotional Items, repealed Section 6008 of Public Law 103-355, so employees are now permitted to retain such benefits for personal use. On April 12, 2002, FTR Chapter 301 was revised to reflect this change (see the April 12, 2002, FEDERAL CONTRACTS DISPATCH "Federal Travel Regulation (FTR) Amendment 104, Using Promotional Materials and Frequent Traveler Programs").

This final rule amends FTR Part 301-53, Using Promotional Materials and Frequent Traveler Programs, and FTR Part 301-74, Conference Planning, to prohibit conference planners from accepting any promotional materials and frequent traveler benefits received from a travel service provider as a result of booking the conference. The following changes are made by this final rule:

• To FTR 301-53.2, What may I do with promotional benefits or materials I receive from a travel service provider?, is added the following note: "Promotional benefits or materials you receive from a travel service provider in connection with your planning and/or scheduling an official conference or other group travel (as opposed to performing official travel yourself) are considered property of the government, and you may only accept the benefits or materials on behalf of the federal government (see Section 301-74.1(d) of this chapter)." (EDITOR'S NOTE: FTR 301-53.2 used to say, "Any promotional benefits or materials received from a travel service provider in connection with official travel may be retained for personal use, if such items are obtained under the same conditions as those offered to the general public and at no additional cost to the government.")
  
  
• The current text of FTR 301-53.3, How may I use promotional materials and frequent traveler benefits?, is redesignated as paragraph (a) ("You may use frequent traveler benefits earned on official travel to obtain travel services for a subsequent official travel assignment(s); however, you may also retain such benefits for your personal use, including upgrading to a higher class of service while on official travel."), and the following is added as paragraph (b): "If you are offered such benefits as a result of your role as a conference planner or as a planner for other group travel, you may not retain such benefits for your personal use (see Section 301-53.2 of this chapter). Rather, you may only accept such benefits on behalf of the federal government. Such accepted benefits may only be used for official government business.")
  
  
• Paragraph (d) of FTR 301-74.1, What policies must we follow in planning a conference?, is redesignated as paragraph (e), and the following is added as new paragraph (d): "Ensure that the conference planner or designee does not retain for personal use any promotional benefits or materials received from a travel service provider as a result of booking the conference (see Section 301-53.2 and 301-53.3 of this chapter)..."

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

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