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B-208473 1 (1982-10-20)

handle is hein.gao/gaobadkrl0001 and id is 1 raw text is: DECISION FILE: B-208473 MATTER DIGEST: THE COMPTROLLER GENERAL OF THE UNITEO STATES WASHINGTON, D.C. 2D548 DATE: October 20, 1982 OF: Milton S. Mintz - Actual Subsistence Expenses Employee was authorized temporary duty travel and actual subsistence expenses of $75 per day to attend a conference. Due to high lodging costs, employee was allegedly ad- vised by agency officials that he could be reimbursed actual sub- sistence expenses exceeding the maximum statutory amount of $75, if he obtained a waiver of the statutory limitation. 5 U.S.C. S 5702(c) (Supp. IV 1980). Employee's claim for subsistence expenses in excess of $75 per day is denied since the statutory maximum may not be waived or modi- fied. Furthermore, the Government may not be bound by the erroneous acts or advice of its employees. Mr. V. Joseph Startari, an authorized certifying official of the Department of Energy, requests an advance decision on the reclaim voucher of Mr. Milton S. Mintz, an employee of the Department of Energy, for actual subsistence expenses exceeding the maximum amount stated in 5 U.S.C. S 5702(c) (Supp. IV 1980). We hold that the employee may not be paid the reclaimed amount since the maximum rate of actual sub- sistence expenses is fixed by statute and may not be waived or modified. Mr. Mintz was authorized round-trip travel from Washington, D.C., to Chicago, Illinois, to attend a conference in Chicago during the period August 25 to August 28, 1982. Prior to issuance of the travel orders, Mr. Mintz advised his supervisor that, in view of the high price of hotel accommodations in the vicinity of the conference, subsistence expenses at the maximum rate of $75 per day would be inadequate to cover the costs of his trip. In response to this

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