II 

118TH CONGRESS 

1ST SESSION S. 418 

To provide financial assistance to schools impacted by radioactive 

contaminants, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2023 

Mr. HAWLEY introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for Jana Ele5 mentary Act of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 school’’ means a school that is part of the Hazel10 wood School District in the State of Missouri. 


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1 (2) FUND.—The term ‘‘Fund’’ means the Ra2 dioactive School Assistance Fund established under 

3 section 4(a). 

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

5 school’’ means a public elementary school or sec6 ondary school— 

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

8 2020; and 

9 (B) where the Formerly Utilized Sites Re10 medial Action Program of the Corps of Engi11 neers detected radiation above background lev12 els— 

13 (i) on school property; or 

14 (ii) otherwise, within 1000 feet of a 

15 building containing classrooms or other 

16 educational facilities of the school. 

17 (4) JANA ELEMENTARY SCHOOL.—The term 

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

19 at 405 Jana Drive in Florissant, Missouri. 

20 (5) LOCAL EDUCATIONAL AGENCY.—The term 

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

22 the term in section 8101 of the Elementary and Sec23 ondary Education Act of 1965 (20 U.S.C. 7801). 


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1 (6) NATIONAL CONTINGENCY PLAN.—The term 

2 ‘‘National Contingency Plan’’ means the National 

3 Contingency Plan— 

4 (A) prepared and published under section 

5 311(d) of the Federal Water Pollution Control 

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

7 (B) revised under section 105 of the Com8 prehensive Environmental Response, Compensa9 tion, and Liability Act of 1980 (42 U.S.C. 

10 9605). 

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

12 the Radioactive School Assistance Program estab13 lished in accordance with section 4(b). 

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

15 the Secretary of Energy. 

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

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

18 Engineer Regulation ER 200–1–4 of the Corps of 

19 Engineers entitled ‘‘Formerly Utilized Sites Reme20 dial Action Program’’ and dated August 29, 2014 

21 (or a successor document). 

22 SEC. 3. REMEDIATION OF JANA ELEMENTARY SCHOOL. 

23 Consistent with the requirements and obligations 

24 under the Formerly Utilized Sites Remedial Action ProVerDate Sep 11 2014 21:23 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S418.IS S418

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1 gram of the Corps of Engineers, the Secretary of the 

2 Army shall— 

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

4 the enactment of this Act, establish new remediation 

5 goals for Jana Elementary School that will result in 

6 the removal of all radioactive contamination at Jana 

7 Elementary School such that no portion of the site 

8 is subjected to radiation above background levels; 

9 and 

10 (2) after establishing remediation goals under 

11 paragraph (1), carry out activities necessary to 

12 achieve those goals. 

13 SEC. 4. FINANCIAL ASSISTANCE FOR SCHOOLS WITH RA14 DIOACTIVE CONTAMINATION. 

15 (a) RADIOACTIVE SCHOOL ASSISTANCE FUND.— 

16 (1) ESTABLISHMENT.—There is established in 

17 the Treasury of the United States a fund to be 

18 known as the Radioactive School Assistance Fund to 

19 carry out the reimbursement program described in 

20 subsection (b). 

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

22 amounts appropriated pursuant to the authorization 

23 of appropriations under section 7. 

24 (b) RADIOACTIVE SCHOOL ASSISTANCE PROGRAM.— 

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


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1 of this Act, the Secretary shall establish and implement 

2 a program to be known as the ‘‘Radioactive School Assist3 ance Program’’ to provide financial assistance in accord4 ance with subsection (c) to local educational agencies that 

5 have been financially impacted by the presence of radio6 active contaminants stemming from the atomic energy ac7 tivities of the United States Government. 

8 (c) APPLICATIONS FOR FINANCIAL ASSISTANCE.— 

9 (1) REIMBURSEMENT FOR TESTING.— 

10 (A) IN GENERAL.—The Secretary shall 

11 provide financial assistance to each local edu12 cational agency that submits to the Secretary 

13 an application that includes— 

14 (i) a certification that the local edu15 cational agency incurred expenses while 

16 testing for radioactive contaminants at an 

17 impacted school; 

18 (ii) proof of such expenses; and 

19 (iii) proof that such testing— 

20 (I) led to further testing under 

21 the Formerly Utilized Sites Remedial 

22 Action Program of the Corps of Engi23 neers; or 


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1 (II) was undertaken following 

2 testing by a private entity that found 

3 radioactive contamination. 

4 (B) LIMITATIONS.—Financial assistance 

5 provided to a local educational agency under 

6 this paragraph shall not exceed the amount ex7 pended by such local educational agency to test 

8 for radioactive contamination. 

9 (2) FUNDING FOR CONSTRUCTION.— 

10 (A) IN GENERAL.—The Secretary shall 

11 provide financial assistance for the construction 

12 of a new school building to each local edu13 cational agency that submits to the Secretary 

14 an application that includes the following: 

15 (i) A plan for the construction of a 

16 new school building. 

17 (ii) Documentation that a school 

18 under the jurisdiction of the local edu19 cational agency is an impacted school. 

20 (iii) A budget for the construction of 

21 a new school building. 

22 (iv) A certification that the local edu23 cational agency shall only use financial as24 sistance provided under this paragraph for 

25 1 or more of the following purposes: 


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1 (I) To purchase land for the con2 struction of a new school building. 

3 (II) To construct a new school 

4 building to replace an impacted 

5 school. 

6 (B) LIMITATIONS.— 

7 (i) AMOUNT OF FUNDING.—Financial 

8 assistance provided to a local educational 

9 agency under this paragraph shall not ex10 ceed $20,000,000 for each impacted 

11 school. 

12 (ii) USE OF FUNDS.—A local edu13 cational agency that receives financial as14 sistance under this paragraph may only 

15 use such financial assistance for 1 or more 

16 of the following purposes: 

17 (I) To purchase land for the con18 struction of a new school building. 

19 (II) To construct a new school 

20 building to replace an impacted 

21 school. 

22 (3) CONSIDERATIONS.—The Secretary may not 

23 reject an application submitted by a local edu24 cational agency for financial assistance under this 

25 subsection due to prior remediation by the Corps of 


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1 Engineers or any other relevant Federal agency of 

2 an impacted school under the jurisdiction of such 

3 local educational agency. 

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

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

6 to Congress a report on the Program, which shall in7 clude— 

8 (1) a description of the number of applications 

9 submitted under this section; and 

10 (2) a description of the amount of financial as11 sistance provided to local educational agencies under 

12 this section. 

13 SEC. 5. INVESTIGATION OF SCHOOLS IN HAZELWOOD 

14 SCHOOL DISTRICT FOR CONTAMINATES. 

15 (a) DESIGNATION.—Notwithstanding any other pro16 vision of law, each covered school shall be designated as 

17 a vicinity property of the St. Louis Airport Site of the 

18 Formerly Utilized Sites Remedial Action Program of the 

19 Corps of Engineers. 

20 (b) INVESTIGATION.— 

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

22 shall investigate and characterize each covered 

23 school in accordance with the Comprehensive Envi24 ronmental Response, Compensation, and Liability 

25 Act of 1980 (42 U.S.C. 9601 et seq.) and the NaVerDate Sep 11 2014 21:23 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S418.IS S418

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1 tional Contingency Plan, including, at a minimum, 

2 carrying out a preliminary assessment and site in3 spection of each covered school. 

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

5 school under paragraph (1) shall include on-site in6 vestigatory efforts and sampling in accordance with 

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

8 Regulations (as in effect on the date of enactment 

9 of this Act). 

10 (c) REPORTS.—The Secretary of the Army shall de11 velop and make available to the public, for each covered 

12 school, a report that includes the results of the investiga13 tion under subsection (b), including— 

14 (1) the results of the on-site investigatory ef15 forts; 

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

17 paragraph (2) of that subsection for contaminants of 

18 concern, including the average and highest detected 

19 levels of each contaminant of concern; and 

20 (3) an evaluation of the danger posed to stu21 dents and employees of the covered school by the 

22 levels of contamination. 

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

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

25 applicable requirements relating to community relations 


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1 and public notification under the Comprehensive Environ2 mental Response, Compensation, and Liability Act of 

3 1980 (42 U.S.C. 9601 et seq.), section 311 of the Federal 

4 Water Pollution Control Act (33 U.S.C. 1321), and sec5 tions 300.415, 300.430, and 300.435 of title 40, Code of 

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

7 of this Act). 

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

9 JANA ELEMENTARY SCHOOL. 

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

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

12 the methodology and results of all tests for radioactive 

13 contaminants conducted at Jana Elementary School, in14 cluding— 

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

16 (2) tests conducted by Boston Chemical Data 

17 Corporation; and 

18 (3) tests commissioned by the Hazelwood 

19 School District in the State of Missouri. 

20 (b) REPORT.— 

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

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

23 shall submit to Congress a report on the review re24 quired by subsection (a). 


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1 (2) CONTENTS.—The report required by para2 graph (1) shall include— 

3 (A) for each test described in subsection 

4 (a), an evaluation of— 

5 (i) the reliability of the methodology 

6 used— 

7 (I) to conduct such test; and 

8 (II) to evaluate the results of 

9 such test; and 

10 (ii) the reliability of the opinions con11 tained in any report summarizing the test; 

12 and 

13 (B) an evaluation of the danger posed to 

14 children by any radioactive contaminants found 

15 at Jana Elementary School. 

16 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

17 There is authorized to be appropriated for fiscal year 

18 2023 $25,000,000 to carry out this Act. 

Æ 


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