124 STAT. 3186 PUBLIC LAW 111–296—DEC. 13, 2010 ‘‘(I) shall treat the funds as program income; and ‘‘(II) may transfer the funds to school food authorities for use in carrying out the program. ‘‘(iv) FUNDING.— ‘‘(I) IN GENERAL.—On October 1, 2011, and each subsequent October 1 through October 1, 2013, out of any funds in the Treasury not other- wise appropriated, the Secretary of the Treasury shall transfer to the Secretary— ‘‘(aa) $2,000,000 to carry out clause (ii)(II)(aa); and ‘‘(bb) $2,000,000 to carry out clause (ii)(II)(bb). ‘‘(II) RECEIPT AND ACCEPTANCE.—The Sec- retary shall be entitled to receive, shall accept, and shall use to carry out this clause the funds transferred under subclause (I), without further appropriation. ‘‘(v) PAYMENTS NOT SUBJECT TO JUDICIAL REVIEW.— A determination by the Secretary whether, and in what amount, to make a performance award under this subparagraph shall not be subject to administrative or judicial review.’’. (b) CONTINUOUS IMPROVEMENT PLANS.—Section 9(b)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) (as amended by subsection (a)) is amended by adding at the end the following: ‘‘(F) CONTINUOUS IMPROVEMENT PLANS.— ‘‘(i) DEFINITION OF REQUIRED PERCENTAGE.—In this subparagraph, the term ‘required percentage’ means— ‘‘(I) for the school year beginning July 1, 2011, 80 percent; ‘‘(II) for the school year beginning July 1, 2012, 90 percent; and ‘‘(III) for the school year beginning July 1, 2013, and each school year thereafter, 95 percent. ‘‘(ii) REQUIREMENTS.—Each school year, the Sec- retary shall— ‘‘(I) identify, using data from the prior year, including estimates contained in the report required under section 4301 of the Food, Conserva- tion, and Energy Act of 2008 (42 U.S.C. 1758a), States that directly certify less than the required percentage of the total number of children in the State who are eligible for direct certification under this paragraph; ‘‘(II) require the States identified under sub- clause (I) to implement a continuous improvement plan to fully meet the requirements of this para- graph, which shall include a plan to improve direct certification for the following school year; and ‘‘(III) assist the States identified under sub- clause (I) to develop and implement a continuous improvement plan in accordance with subclause (II). ‘‘(iii) FAILURE TO MEET PERFORMANCE STANDARD.— Effective dates.
