Page:United States Statutes at Large Volume 112 Part 5.djvu/397

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PUBLIC LAW 105-336—OCT. 31, 1998 112 STAT. 3155 "(A) provide for an equitable distribution of pilot projects among urban and rural elementary schools; "(B) provide for an equitable distribution of pilot projects among elementary schools of vsirying family income levels; and "(C) permit the evaluation of pilot projects to distinguish the effects of the pilot projects from other factors, such as changes or differences in educational policies or programs. "(4) GRANTS TO SCHOOL POOD AUTHORITIES. — A State agency receiving a grant under paragraph (1) shall make grants to school food authorities to conduct the pilot projects described in paragraph (1). "(5) DURATION OF PILOT PROJECTS.—Subject to the availability of funds made available to carry out this subsection, a school food authority receiving amounts under a grant to conduct a pilot project described in paragraph (1) shall conduct the project during a period of 3 successive school years. "(6) WAIVER AUTHORITY. — "(A) IN GENERAL. —Except as provided in subparagraph (B), the Secretary may waive the requirements of this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) relating to counting of meals, applications for eligibility, and related requirements that would preclude the Secretary from making a grant to conduct a pilot project under paragraph (1). "(B) NONWAIVABLE REQUIREMENTS.—The Secretary may not waive a requirement under subparagraph (A) if the waiver would prevent a program participant, a potential program participant, or a school from receiving all of the benefits and protections of this Act, the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or a Federal law (including a regulation) that protects an individual constitutional right or a statutory civil right. "(7) REQUIREMENTS FOR PARTICIPATION IN PILOT PROJECT.— To be eligible to participate in a pilot project under this subsection— "(A) a State agency— "(i) shall submit an application to the Secretary at such time and in such manner as the Secretary shall establish to meet criteria the Secretary has established to enable a valid evaluation to be conducted; and "(ii) shall provide such information relating to the operation and results of the pilot project as the Secretary may reasonably require; and "(B) a school food authority— "(i) shall agree to serve all breakfasts at no charge to all children enrolled in participating elementary schools; "(ii) shall not have a history of violations of this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); "(iii) shall have, under the jurisdiction of the school food authority, a sufficient number of elementary schools that are not participating in the pilot projects