CFR > Title 32 - National Defense > SUBTITLE A—Department of Defense > CHAPTER I—OFFICE OF THE SECRETARY OF DEFENSE (parts 1 to 399) > SUBCHAPTER C—DoD GRANT AND AGREEMENT REGULATIONS (Parts 21–37) > PART 21—DoD GRANTS AND AGREEMENTS—GENERAL MATTERS > SUBPART D—Authorities and Responsibilities for Making and Administering Assistance Awards (§21.400 to §21.465) > 21.410—Must a DoD Component have statutory authority to make an assistance award?

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.