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 .)