PILOT PROJECTS.

SEC. 109. PILOT PROJECTS. (a) In General.— Section 18 of the National School Lunch Act (42 U.S.C. 1769) is amended by striking subsections (c), (e), (g), and (h). (b) Breakfast Pilot Projects.— Section 18(i) of the National School Lunch Act (42 U.S.C. 1769(D) is amended to read as follows: “(i) Breakfast Pilot Projects.— “(1) In general.— Subject to the availability of funds made available under paragraph (10), for a period of 3 successive school years, the Secretary shall make grants to State agencies to conduct pilot projects in elementary schools under the jurisdiction of not more than 6 school food authorities approved by the Secretary to— “(A) reduce paperwork, simplify meal counting requirements, and make changes that will increase participation in the school breakfast program; and “(B) evaluate the effect of providing free breakfasts to elementary school children, without regard to family income, on participation, academic achievement, attendance and tardiness, and dietary intake over the course of a day. “(2) Nominations.— A State agency that seeks a grant under this subsection shall submit to the Secretary nominations of school food authorities to participate in a pilot project under this subsection “(3) Approval.— The Secretary shall approve for participation in pilot projects under this subsection elementary schools under the jurisdiction of not more than 6 nominated school food authorities selected so as to— 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 varying 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 food 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 112 STAT. 3156to permit a valid evaluation of the effects of the pilot projects; and “(iv) shall meet all other requirements that the Secretary may reasonably require. “(8) Evaluation of pilot projects.— “(A) In general.— The Secretary, acting through the Administrator of the Food and Nutrition Service, shall conduct an evaluation of the pilot projects conducted by the school food authorities selected for participation. “(B) Content.— The evaluation shall include— “(i) a determination of the effect of participation in the pilot project on the academic achievement, attendance and tardiness, and dietary intake over the course of a day of participating children that is not attributable to changes in educational policies and practices; and “(ii) a determination of the effect that participation by elementary schools in the pilot project has on the proportion of students who eat breakfast and on the paperwork required to be completed by the schools. “(C) Report.— On completion of the pilot projects and the evaluation, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the evaluation of the pilot projects required under subparagraph (A). “(9) Reimbursement.— “(A) In general.— Except as provided in subparagraph (B), a school conducting a pilot project under this subsection shall receive a total Federal reimbursement under the school breakfast program in an amount that is equal to the total Federal reimbursement for the school for the prior year under the program (adjusted to reflect changes in the series for food away from home of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor and adjusted for fluctuations in enrollment). “(B) Excess needs.— Funds required for the pilot project in excess of the level of reimbursement received by the school for the prior year (adjusted to reflect changes described in subparagraph (A) and adjusted for fluctuations in enrollment) may be taken from any non-Federal source or from amounts provided under this subsection. “(10) Authorization of appropriations.— “(A) In general.— There are authorized to be appropriated such sums as are necessary to carry out this subsection. “(B) Requirement.— No amounts may be provided under this subsection unless specifically provided in appropriations Acts.”. (c) Conforming Amendments.— (1) Section 18 of the National School Lunch Act (42 U.S.C. 1769), as amended by subsections (a) and (b), is further amended by redesignating subsections (d), (f), and (i) as subsections (c), (d), and (e), respectively. 112 STAT. 3157 (2) Section 101(b) of the Child Nutrition Amendments of 1992 (42 U.S.C. 1769 note; Public Law 102–342) is amended— (A) in paragraph (1)— (i) by striking “(1)”; and (ii) by striking “other than those required under section 18(c) of the National School Lunch Act (42 U.S.C. 1769(c)) to identify other” and inserting “to identify”; and (B) by striking paragraph (2).