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B-183442 1 (1975-10-21)

handle is hein.gao/gaobadcub0001 and id is 1 raw text is: THE COMPTRbLLER GENERAL DECISIN OF THE UNITED STATES WASHINGTON. D. C. 20548 , e2 1975 DATE: FILE: B-183442 MATTER DIGEST: OF: National Endowment for the Humanities - Legality of matching pledge with Federal funds. Pledge of money to National Endowment for the Humanities (NER) from Curriculum Development Associates (CDA) restricted to support of Educational Development Center (EDC), and treated by CDA as reduction of accrued liability in fulfillment of contractual obligation to EDC for services rendered to CDA is not donation and, hence, may not be matched by NEH with Federal funds and paid over to EDC, since statutory language and legislative history indicate that only gifts may be matched and payment in satisfaction of debt may not be considered gift. Moreover, if pledge is considered to come from EDC from monies owed it, it is not eligible for matching since EDC would merely be gene ating additional funds for itself in contravention of the at utory scheme and NEH guidelines. This is in recponse to a letter of July 14, 1975, from Ronald S. Berman, Chairman, National Endowment for the Humanities (NEH1) wherein he requests our decision as to whether NEH nay lawfully accept a $30,000 pledge made by John N. Gentry, Executive Director of Curriculum Development Associates, Inc. (CDA) which is restricted to the support of the People and Technology project of the Educational Development Center, Inc. (EDC), and match it with an equal amount of Federal funds pursuant to the National Foundation on the Arts and the Humanities Act of 1965, as amended, Pub. L. No. 89-209, §§ 10(a)(2), 11(b), 79 Stat. 845, 852-853, 20 U.S.C. H§ 959(a)(2), 960(a)(2) (Supp. III, 1973). From the Chairman's letter and other information available to us, it appears that EDC is a nonprofit Delaware corporation based in Newton and Cambridge, Massachusetts, engaged in the development of educational materials. Through a series of grants from the National Science Foundation (NSF), EDC developed a fifth grade course entitled Man: A Course of Study (MACOS). After completing development of the course, EDC entered into a contract with CDA for the purpose of its dissemination. In accordance with the NSF grant agreement, the publication contract provided that 9-79(0'2--

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