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B-189181 1 (1978-06-20)

handle is hein.gao/gaobadgdb0001 and id is 1 raw text is: r'i
SI


DECISION


FILE:   B-18918


   -Nod   THE COMPTROLLER GENERAL
             OF   THE JNITE UTATE
       :.  42 W HASHINGTON, 0.C  20548




1                   DATE:   June 20, 1978


MATTER OF: James M. Bedore - Interest


DIGEST:


Claim by former employee of Agency for
International Development (AID) that interest
be paid on award of overtime compensation
found due for period employed by AID in VieLnam
is denied.  Payment of interest by Goven'menr
i  permitted only if expressly provided for by
contract or statute.


     This decision is in response to a request by Mr. lames M. Bedore
for reconsideration of his claim for interest in connection with
the payment of $3,154.89 by our Claims Division in its settlement
actions of November 23, 1977, and February 7, 1978. The aforestated
sum was payment for 349 hours of overtime work performed by
Mr. Bedore while assigned to Country Operations Rural Development
Support in Vietnam as an employee of the Agency for International
Development, Department ot State, during the period January 22,
1972, through March 17, 1973. In the settlement action of February 7,
1978, it was stated that no interest is payable on such claims. The
claimant specifically contends that the Government is liable for
the payment of interest on the sum paid due to the long delay in
processing and settling the claim.

     It is the well-established rule that interest on claims against
the United States, even where payment %as been unreasonably delayed,
does not follow automatically upon the allowance of the claLu.
Interest can be recovered against the United States only if expressly
provided forbycatract or when allowance of interest is specifically
directed by statute. United States v. James, 301F. Supp. 107
(1969); United States v. Mescelero Anache Tribe, 207 Ct. Cl. 369
(1975).  Also, 53 Comp. Gen. 824 (1974); id. 264 (1973). We find
no contractual or statutory provision that authoriaes an award
of interest with respect to this claim. See 28 U.S.C. 56 2411,
7516, 2674; 31 U.S.C. I 724a. The claim for interest must there-
fore be denied.

     In light of the denial of payment of interest on the award of
overtime compensation and the request of the employee for information
concerning the manner in which this decision may be appealed, we


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