---
kind: "section"
citation: "32 C.F.R. § 21.410"
title: "32"
number: "21.410"
heading: "Must a DoD Component have statutory authority to make an assistance award?"
url: "https://uscodex.org/cfr/32/21.410"
---

# §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.


## Notes

### Authority

Authority: 5 U.S.C. 301 and 10 U.S.C. 113.

### Source

Source: 68 FR 47153, Aug. 7, 2003, unless otherwise noted.