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 22—DoD GRANTS AND AGREEMENTS—AWARD AND ADMINISTRATION > SUBPART B—Selecting the Appropriate Instrument (§22.200 to §22.220) > 22.210—Authority for providing assistance.

22.210—Authority for providing assistance.

(a) Before a grant or cooperative agreement may be used, the grants officer must:
(1) Identify the program statute, the statute that authorizes the DoD Component to carry out the activity the principal purpose of which is assistance (see 32 CFR 21.410 through 21.420.
(2) Review the program statute to determine if it contains requirements that affect the:
(i) Solicitation, selection, and award processes. For example, program statutes may authorize assistance to be provided only to certain types of recipients; may require that recipients meet certain other criteria to be eligible to receive assistance; or require that a specific process shall be used to review recipients' proposals.
(ii) Terms and conditions of the award. For example, some program statutes require a specific level of cost sharing or matching.
(b) The grants officer shall ensure that the award of DoD appropriations through a grant or cooperative agreement for a research project meets the standards of 10 U.S.C. 2358, DoD's broad authority to carry out research, even if the research project is authorized under a statutory authority other than 10 U.S.C. 2358. The standards of 10 U.S.C. 2358 are that, in the opinion of the Head of the DoD Component or his or her designee, the projects must be:
(1) Necessary to the responsibilities of the DoD Component.
(2) Related to weapons systems and other military needs or of potential interest to the DoD Component.
[63 FR 12164, Mar. 12, 1998, as amended at 68 FR 47160, Aug. 7, 2003]