FLEXIBILITY OF SERVICES; LEGAL ASSISTANCE.

SEC. 130. FLEXIBILITY OF SERVICES; LEGAL ASSISTANCE. (a) Area Plans.—(1) Section 306(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(2)) is amended by inserting “, as required under section 307(a)(22),” after “adequate proportion”. (2) Section 306(b)(2) of the Older Americans Act of 1965 (42 U.S.C. 3026(b)(2)) is amended by adding at the end the following: “(C) Whenever the State agency proposes to grant a waiver to an area agency under this subsection, the State agency shall publish the intention to grant such a waiver together with the justification for the waiver at least 30 days prior to the effective date of the decision to grant the waiver. An individual or a service provider from the area with respect to which the proposed waiver applies is entitled to request a hearing before the State agency on the request to grant such waiver. If, within the 30-day period described in the first sentence of this subparagraph, an individual or service provider requests a hearing under this subparagraph, the State agency shall afford such individual or provider an opportunity for a hearing. “(D) If the State agency waives the requirement described in clause (2) of subsection (a), the State agency shall provide to the Commissioner— “(i) a report regarding such waiver that details the demonstration made by the area agency on aging to obtain such waiver; “(ii) a copy of the record of the public hearing conducted pursuant to subparagraph (A); and “(iii) a copy of the record of any public hearing conducted pursuant to subparagraph (C).”. (b) Minimum Expenditure of Funds.—Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended by adding at the end the following: “(22) The plan shall specify a minimum percentage of the funds received by each area agency for part B that will be expended, in the absence of the waiver granted under section 806(b)(1), by such area agency to provide each of the categories of services specified in section 306(a)(2).”.