106 STAT. 1234 PUBLIC LAW 102-375 —SEPT. 30, 1992 (r) PROTECTION OF COMMERCIAL INFORMATION.— Section 307(g) of the Older Americans Act of 1965 (42 U.S.C. 3027(g)) is amended— (1) by striking "(g)" and inserting "(fKD"; and (2) by adding at the end the following: "(2) Information disclosed under section 306(a)(14XBXi) or subsection (a)(7)(C)(iiXI) may be disclosed to the public by the State agency or the State only if such information could be disclosed under section 552 of title 5, United States Code, by an agency of the United States.". SEC. 308. PLANNING, COORDINATION, EVALUATION, AND ADMINIS- TRATION OF STATE PLANS. Section 308 of the Older Americans Act of 1965 (42 U.S.C. 3028) is amended— (1) in subsection (a)(3) by inserting "been" after "which has"; and (2) in subsection (b)— (A) in paragraph (4)— (i) by inserting "(A)" after "(4)"; (ii) in the first sentence— (I) by inserting "and except as provided in subparagraph (B)" after "this title"; (II) by striking "received under section 303(b) (1) and (2), a" and inserting "received by a State and attributable to funds appropriated under paragraph (1) or (2) of section 303(b), the"; and (III) by striking "a portion of the funds appropriated" and inserting not more than 30 percent of the funds so received"; and (iii) by adding at the end the following: "(B) If a State demonstrates, to the satisfaction of the Commissioner, that funds received by the State and attributable to funds appropriated under paragraph (1) or (2) of section 303(b), including funds transferred under subparagraph (A) without regard to this subparagraph, for fiscal year 1993, 1994, 1995, or 1996 are insufficient to satisfy the need for services under subpart 1 or subpart 2 of part C, then the Commissioner may grant a waiver that permits the State to transfer under subparagraph (A) to satisfy such need— "(i) an additional 18 percent of the funds so received for fiscal year 1993; "(ii) an additional 15 percent of the funds so received for each of the fiscal years 1994 and 1995; and "(iii) an additional 10 percent of the funds so received for fiscal year 1996."; and (B) by striking paragraph (5) and inserting the following: "(5)(A) Notwithstanding any other provision of this title and except as provided in subparagraph (B), of the funds received by a State attributable to funds appropriated under subsection (a)(l), and paragraphs (1) and (2) of subsection (b), of section 303, the State may elect to transfer not more than 30 percent for fiscal year 1993, not more than 25 percent for fiscal year 1994, not more than 25 percent for fiscal year 1995, and not more than 20 percent for fiscal year 1996, between programs under part B and part C, for use as the State considers appropriate. The State shall notify the Commissioner of any such election.
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