118TH CONGRESS 

1ST SESSION S. 418 

AN ACT 

To provide financial assistance to schools impacted by 

radioactive contaminants, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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†S 418 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Justice for Jana Ele3 mentary Act of 2023’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) COVERED SCHOOL.—The term ‘‘covered 

7 school’’ means a school that is part of the Hazel8 wood School District in the State of Missouri. 

9 (2) FUND.—The term ‘‘Fund’’ means the Ra10 dioactive School Assistance Fund established under 

11 section 4(a). 

12 (3) IMPACTED SCHOOL.—The term ‘‘impacted 

13 school’’ means a public elementary school or sec14 ondary school— 

15 (A) that closed on or after January 1, 

16 2020; and 

17 (B) where the Formerly Utilized Sites Re18 medial Action Program of the Corps of Engi19 neers detected radiation above background lev20 els— 

21 (i) on school property; or 

22 (ii) otherwise, within 1000 feet of a 

23 building containing classrooms or other 

24 educational facilities of the school. 
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1 (4) JANA ELEMENTARY SCHOOL.—The term 

2 ‘‘Jana Elementary School’’ means the school located 

3 at 405 Jana Drive in Florissant, Missouri. 

4 (5) LOCAL EDUCATIONAL AGENCY.—The term 

5 ‘‘local educational agency’’ has the meaning given 

6 the term in section 8101 of the Elementary and Sec7 ondary Education Act of 1965 (20 U.S.C. 7801). 

8 (6) NATIONAL CONTINGENCY PLAN.—The term 

9 ‘‘National Contingency Plan’’ means the National 

10 Contingency Plan— 

11 (A) prepared and published under section 

12 311(d) of the Federal Water Pollution Control 

13 Act (33 U.S.C. 1321(d)); or 

14 (B) revised under section 105 of the Com15 prehensive Environmental Response, Compensa16 tion, and Liability Act of 1980 (42 U.S.C. 

17 9605). 

18 (7) PROGRAM.—The term ‘‘Program’’ means 

19 the Radioactive School Assistance Program estab20 lished in accordance with section 4(b). 

21 (8) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Energy. 

23 (9) VICINITY PROPERTY.—The term ‘‘vicinity 

24 property’’ has the meaning given the term in the 

25 Engineer Regulation ER 200–1–4 of the Corps of 
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1 Engineers entitled ‘‘Formerly Utilized Sites Reme2 dial Action Program’’ and dated August 29, 2014 

3 (or a successor document). 

4 SEC. 3. REMEDIATION OF JANA ELEMENTARY SCHOOL. 

5 Consistent with the requirements and obligations 

6 under the Formerly Utilized Sites Remedial Action Pro7 gram of the Corps of Engineers, the Secretary of the 

8 Army shall— 

9 (1) not later than 120 days after the date of 

10 the enactment of this Act, establish new remediation 

11 goals for Jana Elementary School that will result in 

12 the removal of all radioactive contamination at Jana 

13 Elementary School such that no portion of the site 

14 is subjected to radiation above background levels; 

15 and 

16 (2) after establishing remediation goals under 

17 paragraph (1), carry out activities necessary to 

18 achieve those goals. 

19 SEC. 4. FINANCIAL ASSISTANCE FOR SCHOOLS WITH RA20 DIOACTIVE CONTAMINATION. 

21 (a) RADIOACTIVE SCHOOL ASSISTANCE FUND.— 

22 (1) ESTABLISHMENT.—There is established in 

23 the Treasury of the United States a fund to be 

24 known as the Radioactive School Assistance Fund to 
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1 carry out the reimbursement program described in 

2 subsection (b). 

3 (2) FUNDING.—The Fund shall consist of 

4 amounts appropriated pursuant to the authorization 

5 of appropriations under section 7. 

6 (b) RADIOACTIVE SCHOOL ASSISTANCE PROGRAM.— 

7 Not later than 30 days after the date of the enactment 

8 of this Act, the Secretary shall establish and implement 

9 a program to be known as the ‘‘Radioactive School Assist10 ance Program’’ to provide financial assistance in accord11 ance with subsection (c) to local educational agencies that 

12 have been financially impacted by the presence of radio13 active contaminants stemming from the atomic energy ac14 tivities of the United States Government. 

15 (c) APPLICATIONS FOR FINANCIAL ASSISTANCE.— 

16 (1) REIMBURSEMENT FOR TESTING.— 

17 (A) IN GENERAL.—The Secretary shall 

18 provide financial assistance to each local edu19 cational agency that submits to the Secretary 

20 an application that includes— 

21 (i) a certification that the local edu22 cational agency incurred expenses while 

23 testing for radioactive contaminants at an 

24 impacted school; 

25 (ii) proof of such expenses; and 
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1 (iii) proof that such testing— 

2 (I) led to further testing under 

3 the Formerly Utilized Sites Remedial 

4 Action Program of the Corps of Engi5 neers; or 

6 (II) was undertaken following 

7 testing by a private entity that found 

8 radioactive contamination. 

9 (B) LIMITATIONS.—Financial assistance 

10 provided to a local educational agency under 

11 this paragraph shall not exceed the amount ex12 pended by such local educational agency to test 

13 for radioactive contamination. 

14 (2) FUNDING FOR CONSTRUCTION.— 

15 (A) IN GENERAL.—The Secretary shall 

16 provide financial assistance for the construction 

17 of a new school building to each local edu18 cational agency that submits to the Secretary 

19 an application that includes the following: 

20 (i) A plan for the construction of a 

21 new school building. 

22 (ii) Documentation that a school 

23 under the jurisdiction of the local edu24 cational agency is an impacted school. 
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1 (iii) A budget for the construction of 

2 a new school building. 

3 (iv) A certification that the local edu4 cational agency shall only use financial as5 sistance provided under this paragraph for 

6 1 or more of the following purposes: 

7 (I) To purchase land for the con8 struction of a new school building. 

9 (II) To construct a new school 

10 building to replace an impacted 

11 school. 

12 (B) LIMITATIONS.— 

13 (i) AMOUNT OF FUNDING.—Financial 

14 assistance provided to a local educational 

15 agency under this paragraph shall not ex16 ceed $20,000,000 for each impacted 

17 school. 

18 (ii) USE OF FUNDS.—A local edu19 cational agency that receives financial as20 sistance under this paragraph may only 

21 use such financial assistance for 1 or more 

22 of the following purposes: 

23 (I) To purchase land for the con24 struction of a new school building. 
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1 (II) To construct a new school 

2 building to replace an impacted 

3 school. 

4 (3) CONSIDERATIONS.—The Secretary may not 

5 reject an application submitted by a local edu6 cational agency for financial assistance under this 

7 subsection due to prior remediation by the Corps of 

8 Engineers or any other relevant Federal agency of 

9 an impacted school under the jurisdiction of such 

10 local educational agency. 

11 (d) REPORTS.—Not later than 60 days after the date 

12 of the enactment of this Act, the Secretary shall submit 

13 to Congress a report on the Program, which shall in14 clude— 

15 (1) a description of the number of applications 

16 submitted under this section; and 

17 (2) a description of the amount of financial as18 sistance provided to local educational agencies under 

19 this section. 

20 SEC. 5. INVESTIGATION OF SCHOOLS IN HAZELWOOD 

21 SCHOOL DISTRICT FOR CONTAMINATES. 

22 (a) DESIGNATION.—Notwithstanding any other pro23 vision of law, each covered school shall be designated as 

24 a vicinity property of the St. Louis Airport Site of the 
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1 Formerly Utilized Sites Remedial Action Program of the 

2 Corps of Engineers. 

3 (b) INVESTIGATION.— 

4 (1) IN GENERAL.—The Secretary of the Army 

5 shall investigate and characterize each covered 

6 school in accordance with the Comprehensive Envi7 ronmental Response, Compensation, and Liability 

8 Act of 1980 (42 U.S.C. 9601 et seq.) and the Na9 tional Contingency Plan, including, at a minimum, 

10 carrying out a preliminary assessment and site in11 spection of each covered school. 

12 (2) INCLUSION.—An investigation of a covered 

13 school under paragraph (1) shall include on-site in14 vestigatory efforts and sampling in accordance with 

15 section 300.420(c)(2) of title 40, Code of Federal 

16 Regulations (as in effect on the date of enactment 

17 of this Act). 

18 (c) REPORTS.—The Secretary of the Army shall de19 velop and make available to the public, for each covered 

20 school, a report that includes the results of the investiga21 tion under subsection (b), including— 

22 (1) the results of the on-site investigatory ef23 forts; 

24 (2) a summary of the results of sampling under 

25 paragraph (2) of that subsection for contaminants of 
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1 concern, including the average and highest detected 

2 levels of each contaminant of concern; and 

3 (3) an evaluation of the danger posed to stu4 dents and employees of the covered school by the 

5 levels of contamination. 

6 (d) COMMUNITY RELATIONS.—In carrying out this 

7 section, the Secretary of the Army shall comply with all 

8 applicable requirements relating to community relations 

9 and public notification under the Comprehensive Environ10 mental Response, Compensation, and Liability Act of 

11 1980 (42 U.S.C. 9601 et seq.), section 311 of the Federal 

12 Water Pollution Control Act (33 U.S.C. 1321), and sec13 tions 300.415, 300.430, and 300.435 of title 40, Code of 

14 Federal Regulations (as in effect on the date of enactment 

15 of this Act). 

16 SEC. 6. REVIEW AND REPORT OF RADIOACTIVE TESTING AT 

17 JANA ELEMENTARY SCHOOL. 

18 (a) REVIEW.—Not later than 30 days after the date 

19 of the enactment of this Act, the Secretary shall review 

20 the methodology and results of all tests for radioactive 

21 contaminants conducted at Jana Elementary School, in22 cluding— 

23 (1) tests conducted by the Corps of Engineers; 

24 (2) tests conducted by Boston Chemical Data 

25 Corporation; and 
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1 (3) tests commissioned by the Hazelwood 

2 School District in the State of Missouri. 

3 (b) REPORT.— 

4 (1) IN GENERAL.—Not later than 45 days after 

5 the date of the enactment of this Act, the Secretary 

6 shall submit to Congress a report on the review re7 quired by subsection (a). 

8 (2) CONTENTS.—The report required by para9 graph (1) shall include— 

10 (A) for each test described in subsection 

11 (a), an evaluation of— 

12 (i) the reliability of the methodology 

13 used— 

14 (I) to conduct such test; and 

15 (II) to evaluate the results of 

16 such test; and 

17 (ii) the reliability of the opinions con18 tained in any report summarizing the test; 

19 and 

20 (B) an evaluation of the danger posed to 

21 children by any radioactive contaminants found 

22 at Jana Elementary School. 
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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated for fiscal year 

3 2023 $25,000,000 to carry out this Act. 

Passed the Senate April 26, 2023. 

Attest: 

Secretary. 

118TH CONGRESS 

1ST SESSION S. 418 

AN ACT 

To provide financial assistance to schools impacted 

poses. by radioactive contaminants, and for other pur-