Justice for Jana Elementary Act of 2023

Subjects: Environmental Protection, Building construction, Child safety and welfare, Congressional oversight, Educational facilities and institutions, Elementary and secondary education, Government studies and investigations, Hazardous wastes and toxic substances, Radioactive wastes and releases, Worker safety and health

Summary:  <p><b>Justice for Jana Elementary Act of 2023</b></p> <p>This bill establishes a program and requirements regarding schools impacted by radioactive contaminants, including in the Hazelwood School District in Missouri.</p> <p>Specifically, the bill requires the U.S. Army Corps of Engineers (USACE) to establish and execute new remediation goals for Jana Elementary School in the Hazelwood School District so that no portion of the site is subjected to radiation above background levels. (The school is located near Coldwater Creek, which is contaminated with radioactive waste from nearby sites used for the World War II nuclear weapons program.)</p> <p>The bill establishes a Radioactive School Assistance Program (and fund) to provide financial assistance to local educational agencies that have been financially impacted by the presence of radioactive contaminants stemming from U.S. atomic energy activities.</p> <p>Under the bill, schools in the Hazelwood School District in Missouri must be designated as vicinity properties of the St. Louis Airport Site for purposes of the USACE Formerly Utilized Sites Remedial Action Program. Such schools must be investigated, including via on-site inspections and sampling, in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the National Contingency Plan (i.e., the national plan for responding to spills or releases of hazardous substances).</p> <p>The Department of Energy must review and report on the methodology and results of all tests for radioactive contaminants conducted at Jana Elementary School.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 418 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice for Jana Elementary Act of 
2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered school.--The term ``covered school'' means a 
        school that is part of the Hazelwood School District in the 
        State of Missouri.
            (2) Fund.--The term ``Fund'' means the Radioactive School 
        Assistance Fund established under section 4(a).
            (3) Impacted school.--The term ``impacted school'' means a 
        public elementary school or secondary school--
                    (A) that closed on or after January 1, 2020; and
                    (B) where the Formerly Utilized Sites Remedial 
                Action Program of the Corps of Engineers detected 
                radiation above background levels--
                            (i) on school property; or
                            (ii) otherwise, within 1000 feet of a 
                        building containing classrooms or other 
                        educational facilities of the school.
            (4) Jana elementary school.--The term ``Jana Elementary 
        School'' means the school located at 405 Jana Drive in 
        Florissant, Missouri.
            (5) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (6) National contingency plan.--The term ``National 
        Contingency Plan'' means the National Contingency Plan--
                    (A) prepared and published under section 311(d) of 
                the Federal Water Pollution Control Act (33 U.S.C. 
                1321(d)); or
                    (B) revised under section 105 of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9605).
            (7) Program.--The term ``Program'' means the Radioactive 
        School Assistance Program established in accordance with 
        section 4(b).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (9) Vicinity property.--The term ``vicinity property'' has 
        the meaning given the term in the Engineer Regulation ER 200-1-
        4 of the Corps of Engineers entitled ``Formerly Utilized Sites 
        Remedial Action Program'' and dated August 29, 2014 (or a 
        successor document).

SEC. 3. REMEDIATION OF JANA ELEMENTARY SCHOOL.

    Consistent with the requirements and obligations under the Formerly 
Utilized Sites Remedial Action Program of the Corps of Engineers, the 
Secretary of the Army shall--
            (1) not later than 120 days after the date of the enactment 
        of this Act, establish new remediation goals for Jana 
        Elementary School that will result in the removal of all 
        radioactive contamination at Jana Elementary School such that 
        no portion of the site is subjected to radiation above 
        background levels; and
            (2) after establishing remediation goals under paragraph 
        (1), carry out activities necessary to achieve those goals.

SEC. 4. FINANCIAL ASSISTANCE FOR SCHOOLS WITH RADIOACTIVE 
              CONTAMINATION.

    (a) Radioactive School Assistance Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund to be known as the Radioactive School 
        Assistance Fund to carry out the reimbursement program 
        described in subsection (b).
            (2) Funding.--The Fund shall consist of amounts 
        appropriated pursuant to the authorization of appropriations 
        under section 7.
    (b) Radioactive School Assistance Program.--Not later than 30 days 
after the date of the enactment of this Act, the Secretary shall 
establish and implement a program to be known as the ``Radioactive 
School Assistance Program'' to provide financial assistance in 
accordance with subsection (c) to local educational agencies that have 
been financially impacted by the presence of radioactive contaminants 
stemming from the atomic energy activities of the United States 
Government.
    (c) Applications for Financial Assistance.--
            (1) Reimbursement for testing.--
                    (A) In general.--The Secretary shall provide 
                financial assistance to each local educational agency 
                that submits to the Secretary an application that 
                includes--
                            (i) a certification that the local 
                        educational agency incurred expenses while 
                        testing for radioactive contaminants at an 
                        impacted school;
                            (ii) proof of such expenses; and
                            (iii) proof that such testing--
                                    (I) led to further testing under 
                                the Formerly Utilized Sites Remedial 
                                Action Program of the Corps of 
                                Engineers; or
                                    (II) was undertaken following 
                                testing by a private entity that found 
                                radioactive contamination.
                    (B) Limitations.--Financial assistance provided to 
                a local educational agency under this paragraph shall 
                not exceed the amount expended by such local 
                educational agency to test for radioactive 
                contamination.
            (2) Funding for construction.--
                    (A) In general.--The Secretary shall provide 
                financial assistance for the construction of a new 
                school building to each local educational agency that 
                submits to the Secretary an application that includes 
                the following:
                            (i) A plan for the construction of a new 
                        school building.
                            (ii) Documentation that a school under the 
                        jurisdiction of the local educational agency is 
                        an impacted school.
                            (iii) A budget for the construction of a 
                        new school building.
                            (iv) A certification that the local 
                        educational agency shall only use financial 
                        assistance provided under this paragraph for 1 
                        or more of the following purposes:
                                    (I) To purchase land for the 
                                construction of a new school building.
                                    (II) To construct a new school 
                                building to replace an impacted school.
                    (B) Limitations.--
                            (i) Amount of funding.--Financial 
                        assistance provided to a local educational 
                        agency under this paragraph shall not exceed 
                        $20,000,000 for each impacted school.
                            (ii) Use of funds.--A local educational 
                        agency that receives financial assistance under 
                        this paragraph may only use such financial 
                        assistance for 1 or more of the following 
                        purposes:
                                    (I) To purchase land for the 
                                construction of a new school building.
                                    (II) To construct a new school 
                                building to replace an impacted school.
            (3) Considerations.--The Secretary may not reject an 
        application submitted by a local educational agency for 
        financial assistance under this subsection due to prior 
        remediation by the Corps of Engineers or any other relevant 
        Federal agency of an impacted school under the jurisdiction of 
        such local educational agency.
    (d) Reports.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
on the Program, which shall include--
            (1) a description of the number of applications submitted 
        under this section; and
            (2) a description of the amount of financial assistance 
        provided to local educational agencies under this section.

SEC. 5. INVESTIGATION OF SCHOOLS IN HAZELWOOD SCHOOL DISTRICT FOR 
              CONTAMINATES.

    (a) Designation.--Notwithstanding any other provision of law, each 
covered school shall be designated as a vicinity property of the St. 
Louis Airport Site of the Formerly Utilized Sites Remedial Action 
Program of the Corps of Engineers.
    (b) Investigation.--
            (1) In general.--The Secretary of the Army shall 
        investigate and characterize each covered school in accordance 
        with the Comprehensive Environmental Response, Compensation, 
        and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the 
        National Contingency Plan, including, at a minimum, carrying 
        out a preliminary assessment and site inspection of each 
        covered school.
            (2) Inclusion.--An investigation of a covered school under 
        paragraph (1) shall include on-site investigatory efforts and 
        sampling in accordance with section 300.420(c)(2) of title 40, 
        Code of Federal Regulations (as in effect on the date of 
        enactment of this Act).
    (c) Reports.--The Secretary of the Army shall develop and make 
available to the public, for each covered school, a report that 
includes the results of the investigation under subsection (b), 
including--
            (1) the results of the on-site investigatory efforts;
            (2) a summary of the results of sampling under paragraph 
        (2) of that subsection for contaminants of concern, including 
        the average and highest detected levels of each contaminant of 
        concern; and
            (3) an evaluation of the danger posed to students and 
        employees of the covered school by the levels of contamination.
    (d) Community Relations.--In carrying out this section, the 
Secretary of the Army shall comply with all applicable requirements 
relating to community relations and public notification under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.), section 311 of the Federal Water 
Pollution Control Act (33 U.S.C. 1321), and sections 300.415, 300.430, 
and 300.435 of title 40, Code of Federal Regulations (as in effect on 
the date of enactment of this Act).

SEC. 6. REVIEW AND REPORT OF RADIOACTIVE TESTING AT JANA ELEMENTARY 
              SCHOOL.

    (a) Review.--Not later than 30 days after the date of the enactment 
of this Act, the Secretary shall review the methodology and results of 
all tests for radioactive contaminants conducted at Jana Elementary 
School, including--
            (1) tests conducted by the Corps of Engineers;
            (2) tests conducted by Boston Chemical Data Corporation; 
        and
            (3) tests commissioned by the Hazelwood School District in 
        the State of Missouri.
    (b) Report.--
            (1) In general.--Not later than 45 days after the date of 
        the enactment of this Act, the Secretary shall submit to 
        Congress a report on the review required by subsection (a).
            (2) Contents.--The report required by paragraph (1) shall 
        include--
                    (A) for each test described in subsection (a), an 
                evaluation of--
                            (i) the reliability of the methodology 
                        used--
                                    (I) to conduct such test; and
                                    (II) to evaluate the results of 
                                such test; and
                            (ii) the reliability of the opinions 
                        contained in any report summarizing the test; 
                        and
                    (B) an evaluation of the danger posed to children 
                by any radioactive contaminants found at Jana 
                Elementary School.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for fiscal year 2023 
$25,000,000 to carry out this Act.
                                 &lt;all&gt;
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