View all text of Subchapter V [§ 5381 - § 5399]
§ 5388. Transfer of funds
(a) In general
(b) Multiyear funding
(c) Amount of funding
(d) Prohibitions
(1) In generalExcept as provided in paragraph (2), the Secretary is expressly prohibited from—
(A) failing or refusing to transfer to an Indian tribe its full share of any central, headquarters, regional, area, or service unit office or other funds due under this chapter, except as required by Federal law;
(B) withholding portions of such funds for transfer over a period of years; and
(C) reducing the amount of funds required under this chapter—
(i) to make funding available for self-governance monitoring or administration by the Secretary;
(ii) in subsequent years, except pursuant to—(I) a reduction in appropriations from the previous fiscal year for the program or function to be included in a compact or funding agreement;(II) a congressional directive in legislation or accompanying report;(III) a tribal authorization;(IV) a change in the amount of pass-through funds subject to the terms of the funding agreement; or(V) completion of a project, activity, or program for which such funds were provided;
(iii) to pay for Federal functions, including Federal pay costs, Federal employee retirement benefits, automated data processing, technical assistance, and monitoring of activities under this chapter; or
(iv) to pay for costs of Federal personnel displaced by self-determination contracts under this chapter or self-governance;
(2) Exception
(e) Other resources
(f) Reimbursement to Indian Health Service
(g) Prompt Payment Act
(h) Interest or other income on transfers
(i) Carryover of funds
(j) Program income
(k) Limitation of costs
(Pub. L. 93–638, title V, § 508, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 722.)