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B-236549 1 (1990-08-13)

handle is hein.gao/gaobadntx0001 and id is 1 raw text is: '-- &..- I '


zComptroller General
           of the United States
           Washington, D.C. 20548

           Decision

           Matter of: Syracuse University, Interest Earned on Grant

                       Funds

           File:       B-236549

           Date:        August 13, 1990


           DIGEST

           In the Urgent Supplemental Appropriations Act, Pub. L.
           No. 99-349, 100 Stat. 710, 725 (1986), which directed that
           Syracuse University receive a research grant, Congress did
           not evidence a clear intent that the University have the
           benefit of interest earned on grant funds. The general rule
           therefore applies that interest earned by a grantee on funds
           advanced by the United States belongs to the United States
           rather than the grantee and must be paid to the United
           States. See 42 Comp. Gen. 289, 293 (1962).

           In absence of evidence documenting actual interest earned,
           Navy properly computed interest by using the 6-month Treasury
           rate provided in 4 C.F.R. § 102.13(c) (1989). See 31 U.S.C.
           § 3717 (1982).


           DECISION

           This decision is in response to an August 11, 1989, letter
           from Syracuse University (University) asking whether the
           University must pay the Department of the Navy (Navy)
           interest earned on a congressionally mandated grant to the
           University. The Navy contends that the University owes the
           government over $900,000. The University also raised
           concerns about the appropriateness of the interest rate used
           by the Navy to compute the interest due the government. As
           discussed below, we conclude that the University is required
           to pay the interest earned on the grant funds and that the
           6-month Treasury rate used by the Navy to compute the
           interest was proper.

           BACKGROUND

           In the Urgent Supplemental Appropriations Act, Pub. L.
           No. 99-349, 100 Stat. 710, 725 (1986), Congress provided that
           of the funds previously made available to the Department of
           Defense in fiscal year 1986 under Public Law 99-190,
           $55,600,000 was to be available only for grants or
           contributions to educational institutions for research



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