Of the funds appropriated under section 3057n(1) for a fiscal year, not more than 5 percent shall be made available to carry out part D for such fiscal year, provided that for such fiscal year—
(1)
the funds appropriated for parts A and B are greater than the funds appropriated for fiscal year 2019; and
(2)
the Assistant Secretary makes available for parts A and B no less than the amount of resources made available for fiscal year 2019.
(Pub. L. 89–73, title VI, § 644, as added Pub. L. 116–131, title V, § 501(1)(B), Mar. 25, 2020, 134 Stat. 267.)