Claim for Reimbursement of Actual Subsistence Expenses

An opinion was requested concerning the proper reimbursement of an employee for the expense of renting a hotel room in a high-rate geographical area while on official travel. At issue was whether the expense of the hotel room should be charged to the employee as part of his actual subsistence expenses even though the room was used for both his personal lodging and to conduct press conferences. The employee, a high level official in the Department of Justice, was traveling with the Attorney General. His hotel room, which cost more than twice the amount authorized for daily subsistence expenses, was used to conduct press conferences and was adjacent to the Attorney General's room. The claimant contended that: (1) the excess rental cost should be reimbursed pursuant to Federal Travel Regulations, which authorize reimbursement in cases where the rental of hotel rooms is necessary to conduct official business; (2) renting adjacent rooms was necessary for the purpose of holding press conferences; and (3) obtaining a lower cost room at another hotel was not practical. GAO found that: (1) the occupancy of adjacent rooms was not necessary for holding press conferences irrespective of where the employee lodged; (2) since the reimbursement sought was for the normal single occupancy rate, there was no authority to reimburse the employee for any additional expense; and (3) there is no distinction made between employees, based upon their rank or the importance of the duties to be performed, for the purposes of determining travel expenses. Accordingly, the claim for reimbursement of additional subsistence expenses was denied.