Claim for Actual Subsistence Expenses

An advance decision was requested concerning a Federal employee's claim for actual subsistence expenses he incurred while on temporary duty. Although the employee performed official business in Brigham City, Utah, he spent the evenings prior to and after completing this business in Salt Lake City, Utah, a high-rate geographical area (HRGA). The employee explained that he remained overnight in the HRGA before proceeding to his temporary duty location because that day he had been in a work or travel status from before 8 a.m. until after 4 p.m. and further travel would have required extensive driving over unfamiliar roads. The employee further explained that, after completing his temporary duty and in light of a forecasted winter storm, he felt it reasonable to return to Salt Lake City that night since his flight was scheduled to leave early the next morning. The employee claimed reimbursement for his actual subsistence expenses rather than a per diem allowance for the two evenings he spent in the HRGA. Travel regulations authorize payment of actual and necessary expenses when the maximum per diem allowance otherwise payable is determined to be inadequate due to the unusual circumstances of the travel assignment without regard to whether the duty is in an HRGA. Due to the unusual circumstances of the travel assignment, GAO concluded that the employee acted out of necessity in obtaining lodgings in the HRGA. Accordingly, the employee may be reimbursed on an actual subsistence expense basis.