Code of Federal Regulations · Section
§ 21.410 — Must A Dod Component Have Statutory Authority To Make An Assistance Award?
32 C.F.R. § 21.410
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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.
Authorizing Statute
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Secretary of Defense10 U.S.C. § 113
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Departmental regulations5 U.S.C. § 301