[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR21.420]



[Page 65]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 21_DoD GRANTS AND AGREEMENTS_GENERAL MATTERS--Table of Contents

 

Subpart D_Authorities and Responsibilities for Making and Administering 

                            Assistance Awards

 

Sec.  21.420  Under what types of statutory authorities do DoD Components 

award assistance instruments?



    DoD Components may use assistance instruments under a number of 

statutory authorities that fall into three categories:

    (a) Authorities that statutes provide to the Secretary of Defense. 

These authorities generally are delegated by the Secretary of Defense to 

Heads of DoD Components, usually through DoD directives, instructions, 

or policy memoranda that are not part of the Defense Grant and Agreement 

Regulatory System. Examples of statutory authorities in this category 

are:

    (1) Authority under 10 U.S.C. 2391 to award grants or cooperative 

agreements to help State and local governments alleviate serious 

economic impacts of defense program changes (e.g., base openings and 

closings, contract changes, and personnel reductions and increases).

    (2) Authority under 10 U.S.C. 2413 to enter into cooperative 

agreements with entities that furnish procurement technical assistance 

to businesses.

    (b) Authorities that statutes may provide directly to Heads of DoD 

Components. When a statute authorizes the Head of a DoD Component to use 

a funding instrument to carry out a program with a principal purpose of 

assistance, use of that authority requires no delegation by the 

Secretary of Defense. For example, 10 U.S.C. 2358 authorizes the 

Secretaries of the Military Departments, in addition to the Secretary of 

Defense, to perform research and development projects through grants and 

cooperative agreements. Similarly, 10 U.S.C. 2371 provides authority for 

the Secretaries of the Military Departments and Secretary of Defense to 

carry out basic, applied, or advanced research projects using assistance 

instruments other than grants and cooperative agreements. A Military 

Department's use of the authority of 10 U.S.C. 2358 or 10 U.S.C. 2371 

therefore requires no delegation by the Secretary of Defense.

    (c) Authorities that arise indirectly as the result of statute. For 

example, authority to use an assistance instrument may result from:

    (1) A federal statute authorizing a program that is consistent with 

an assistance relationship (i.e., the support or stimulation of a public 

purpose, rather than the acquisition of a good or service for the direct 

benefit of the Department of Defense). In accordance with 31 U.S.C. 

chapter 63, such a program would appropriately be carried out through 

the use of grants or cooperative agreements. Depending upon the nature 

of the program (e.g., research) and whether the program statute includes 

authority for any specific types of instruments, there also may be 

authority to use other assistance instruments.

    (2) Exemptions requested by the Department of Defense and granted by 

the Office of Management and Budget under 31 U.S.C. 6307, as described 

in 32 CFR 22.220.