Title 25, IndiansRelease 119-110

§5393 Budget Request

Title 25 › CHAPTER 46 — INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE › SUBCHAPTER V — TRIBAL SELF-GOVERNANCE—INDIAN HEALTH SERVICE › § 5393

Last updated Sep 22, 2026|Official source

Summary

The President must list in the yearly budget sent to Congress under section 1105 of title 31 all money needed to fully pay every funding agreement allowed by this subchapter, including amounts for tribal base budgets. Any money Congress provides for these purposes must go to the Indian Health Service and be given to the Office of Tribal Self‑Governance, which will distribute the funds provided under section 5385. This does not allow the Indian Health Service to pay a tribe less than it is already entitled to receive. The budget must also show how much is currently funded and any funding shortfalls (including direct program and contract support costs) for each tribe, whether the tribe is served directly by the Secretary of Health and Human Services, under self‑determination contracts, or under compacts and funding agreements in this subchapter.

Full Legal Text

Title 25, §5393

Indians, Source: USLM XML via OLRC

(a)Requirement of annual budget request
(1)In general
The President shall identify in the annual budget request submitted to Congress under section 1105 of title 31 all funds necessary to fully fund all funding agreements authorized under this subchapter, including funds specifically identified to fund tribal base budgets. All funds so appropriated shall be apportioned to the Indian Health Service. Such funds shall be provided to the Office of Tribal Self-Governance which shall be responsible for distribution of all funds provided under section 5385 of this title.
(2)Rule of construction
Nothing in this subsection shall be construed to authorize the Indian Health Service to reduce the amount of funds that a self-governance tribe is otherwise entitled to receive under its funding agreement or other applicable law, whether or not such funds are apportioned to the Office of Tribal Self-Governance under this section.
(b)Present funding; shortfalls
In such budget request, the President shall identify the level of need presently funded and any shortfall in funding (including direct program and contract support costs) for each Indian tribe, either directly by the Secretary of Health and Human Services, under self-determination contracts, or under compacts and funding agreements authorized under this subchapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 458aaa–12 of this title prior to editorial reclassification and renumbering as this section.

Reference

Citations & Metadata

Citation

25 U.S.C. § 5393

Title 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110