[Claim for Reimbursement of Government Witness Travel Expenses]

An advance decision was requested concerning the propriety of paying a claim by an Equal Employment Opportunity Commission (EEOC) trial attorney for reimbursement of expenses incurred by him in personally financing the travel of Government witnesses to a hearing. Although EEOC issued to the witnesses letters of invitation for travel which authorized per diem and air travel allowances, when the witnesses arrived at the airport, the airline refused to honor a Government Travel Request. At this point, the attorney paid the airfare for three witnesses and advanced money to sustain them during the hearings. The attorney also paid their hotel bills. It is permissible to reimburse an employee who makes a payment from personal funds on behalf of the Government provided that there is a real need to act without delay to protect a legitimate Government interest. In the present case, the attorney's payment of the air fare for the witnesses amounted to an expenditure made in a case of public necessity. Furthermore, the purchase of the airline tickets would have been authorized by EEOC. Accordingly, the attorney may be reimbursed for the air travel expenses. However, GAO was unable to determine from the record whether the attorney's payment of the witnesses' lodging and subsistence expenses was prompted by a need to act to protect a legitimate Government interest. Accordingly, GAO was unable to allow payment of that portion of the claim. However, this decision would be reconsidered should the attorney or EEOC provide sufficient information to complete the record. Finally, GAO found that the failure of the claimant to use a specific form was not fatal where the claimant had submitted all of the required information in another format.