[Claim for Actual Subsistence Expenses]

The Department of Energy requested an advance decision on an employee's reclaim voucher for actual subsistence expenses exceeding the maximum statutory amount. The employee was authorized temporary duty travel and actual subsistence expenses of $75 per day to attend a conference. Due to high lodging costs, the employee was allegedly advised by agency officials that he could be reimbursed actual subsistence expenses exceeding the maximum statutory amount of $75 if he obtained a waiver of the statutory limitation. GAO has held that the statutory maximum daily rate for actual subsistence expenses may not be waived or modified, even in extenuating circumstances. The employee claimed that he should not be held liable for the expenses exceeding the maximum amount because he relied on the advice of agency officials with respect to his request for waiver. However, it is well established that the Government is not bound by the erroneous acts or advice of its employees. Therefore, the reclaim voucher may not be certified for payment.