---
kind: "section"
citation: "25 U.S.C. § 5393"
title: "25"
title_heading: "Indians"
number: "5393"
heading: "Budget request"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/5393"
units:
  - "Chapter 46 — Indian Self-Determination and Education Assistance"
  - "Subchapter V — Tribal Self-Governance—indian Health Service"
---

# §5393. Budget request

- (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](/usc/31/1105.md) 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](/usc/25/5304.md?p=d) Health Service. Such funds shall be provided to the Office of Tribal [Self-Governance](/usc/25/5381.md?p=a-7) which shall be responsible for distribution of all funds provided under [section 5385 of this title](/usc/25/5385.md).
  - (2) **Rule of construction—** Nothing in this subsection shall be construed to authorize the [Indian](/usc/25/5304.md?p=d) Health Service to reduce the amount of funds that a [self-governance](/usc/25/5381.md?p=a-7) 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](/usc/25/5381.md?p=a-7) 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](/usc/25/5381.md?p=b), either directly by the [Secretary](/usc/25/5381.md?p=a-6) of Health and Human Services, under [self-determination contracts](/usc/25/5304.md?p=j), or under compacts and funding agreements authorized under this subchapter.

## Source credit

(Pub. L. 93–638, title V, § 513, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 727.)

## Notes

### Editorial Notes

### Codification

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