108 STAT. 4724 PUBLIC LAW 103-448—NOV. 2, 1994 "(2)(A) 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) The Secretary may not waive a requirement under subparagraph (A) if the waiver would prevent a program participant, a Eotential program recipient, or a school from receiving all of the enefits and protections of this Act, the Child Nutrition Act of 1966, or a Federal statute or regulation that protects an individual constitutional right or a statutory civil right. "(C) No child otherwise eligible for free or reduced price meals under section 9 or under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) shall be required to pay more under a program carried out under this subsection for such a meal than the child would otherwise pay under section 9 or under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), respectively. "(3) To be eligible to receive a grant to conduct a pilot project under this subsection, a school shall— "(A) submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require, including, at a minimum, information— "(i) demonstrating that the program carried out under the project differs from programs carried out under subparagraph (C), (D), or (E) of section 11(a)(1); "(ii) demonstrating that at least 40 percent of the students participating in the school lunch program at the school are eligible for free or reduced price meals; "(iii) demonstrating that the school operates both a school lunch program and a school breakfast program; "(iv) describing the funding, if any that the school will receive from non-Federal sources to carry out the pilot project; "(v) describing and justifying the additional amount, over the most recent prior year reimbursement amount received under the school lunch program and the school breakfast program (adjusted for inflation and fluctuations in enrollment), that the school needs from the Federal government to conduct the pilot; and "(vi) describing the policy of the school on a la carte and competitive foods; "(B) not have a history of violations of this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and "(C) meet any other requirement that the Secretary may reasonably require. "(4) To the extent practicable, the Secretary shall select schools to participate in the pilot program under this subsection in a manner that will provide for an equitable distribution among the following types of schools: "(A) Urban and rural schools. "(B) Elementary, middle, and high schools. "(C) Schools of varying income levels. "(5)(A) Except as provided in subparagraph (B), a school conducting a pilot project under this subsection shall receive
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