[Entitlements to Increased Miscellaneous Expense Allowance]

In response to a request from the Department of Health and Human Services (HHS), GAO considered a decision concerning an HHS employee's entitlement to the increased miscellaneous expense allowance authorized by a recent amendment to the Federal Travel Regulations. The employee contended that he was entitled to the increased allowance because: (1) the effective date for reporting to duty at his new duty station was 3 days after the date upon which the amended regulation became effective; (2) the Government realized a savings due to his decision not to return to his former permanent duty station pending reassignment; and (3) the delayed publication of the new regulations made it impossible for him to prudently plan his relocation. GAO stated that an employee's effective date of transfer is the date that he reports for duty at his new duty station. However, this employee reported for duty several days before the newly amended regulations were effective. GAO found that the employee, therefore, was not entitled to the increased allowance. Further, GAO stated that the relevant provision of the travel regulations could not be waived because that would result in unequal treatment of others similarly situated. Finally, GAO has held that advance notice to affected employees is not a necessary prerequisite to the amendment of Federal administrative regulations.