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B-193856 1 (1980-05-05)

handle is hein.gao/gaobabjtj0001 and id is 1 raw text is: 



'~  COMPTROLLER GENERAL OF THE UNITED STATES
                              WASHINGTON, D.C. 2048




  B-193856




/The Honorable Joel Pritchard
  House of Representatives

  Dear Mr. Pritchard:

       This refers to your letter dated April 11, 1980, forwarding a
  letter from Com  ndr      s H. Baker, U.S. Navy of Seattle, Washington,
  concerning interest on money due him from the United States Government.

       As we advised you in our letter B-193856, March 26, 1980, we
  concluded that Commander Baker was entitled to $632.12, which was
  withheld from his pay, in connection with a shipment of his house-
  hold goods. He now asks why interest is not payable on this amount
  in view of the considerable time which elapsed while his claim was
  being considered. He cites examples of the interest charges
  assessed on claims by the United States and interest paid in
  connection with certain contracts with the United States.

       As we pointed out in our letter of March 26, 1980, to
  Commander Baker, interest may not be paid by the United States on
  claims against it. The rule is that interest may not be paid on
  claims against the United States except when interest is provided
  for in legal and proper contracts or when allowance of interest is
  specifically directed by statute. This rule is well settled and
  has been consistently applied. See Angarica v. Bavard, 127 U.S.
  251 (1888); United States v. North American Transportation and
  Trading Co., 253 U.S. 330 (1920); Smyth v. United States, 302 U.S.
  329 (1937); United States v. Hotel Co., 329 U.S. 585 (1947).

       Thus, while it is regrettable that settlement of
  Commander Baker's claim was delayed, we are not aware of any
  authority for the payment of interest on the amount withheld
  from his pay.

       We trust the foregoing is responsive to your inquiry.

                                 Sincerely yours,

                                   IffILTON SOCOLAR

                            For t'3omptroller General
                                 of the United States

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