32 CFR § 21.410 - Must a DoD Component have statutory authority to make an assistance award?
---
identifier: "/us/cfr/t32/s21.410"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "32 CFR § 21.410 - Must a DoD Component have statutory authority to make an assistance award?"
title_number: 32
title_name: "National Defense"
section_number: "21.410"
section_name: "Must a DoD Component have statutory authority to make an assistance award?"
chapter_name: "OFFICE OF THE SECRETARY OF DEFENSE"
subchapter_number: "C"
subchapter_name: "DoD GRANT AND AGREEMENT REGULATIONS"
part_number: "21"
part_name: "DoD GRANTS AND AGREEMENTS—GENERAL MATTERS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301 and 10 U.S.C. 113."
regulatory_source: "68 FR 47153, Aug. 7, 2003, unless otherwise noted."
cfr_part: "21"
---
# 21.410 Must a DoD Component have statutory authority to make an assistance award?
Yes, the use of an assistance instrument to carry out a program requires authorizing legislation. That is unlike the use of a procurement contract, for which Federal agencies have inherent, Constitutional authority.