I 
118TH CONGRESS 
1ST SESSION H. R. 2820 
To provide financial assistance to schools impacted by radioactive 
contaminants, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 25, 2023 
Ms. BUSH introduced the following bill; which was referred to the Committee 
on Education and the Workforce, and in addition to the Committees on 
Energy and Commerce, and Transportation and Infrastructure, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Justice for Jana Ele-
mentary Act of 2023’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) COVERED
SCHOOL.—The term ‘‘covered 
school’’ means a school that is part of the Hazel-
wood School District in the State of Missouri. 
(2) FUND.—The term ‘‘Fund’’ means the Ra-
dioactive School Assistance Fund established under 
section 4(a). 
(3) IMPACTED SCHOOL.—The term ‘‘impacted 
school’’ means a public elementary school or sec-
ondary school— 
(A) that closed on or after January 1, 
2020; and 
(B) where the Formerly Utilized Sites Re-
medial Action Program of the Corps of Engi-
neers detected radiation above background lev-
els— 
(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 
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the term in section 8101 of the Elementary and Sec-
ondary 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 Com-
prehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 
9605). 
(7) PROGRAM.—The term ‘‘Program’’ means 
the Radioactive School Assistance Program estab-
lished 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 Reme-
dial Action Program’’ and dated August 29, 2014 
(or a successor document). 
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SEC. 3. REMEDIATION OF JANA ELEMENTARY SCHOOL. 
Consistent with the requirements and obligations 
under the Formerly Utilized Sites Remedial Action Pro-
gram 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 RA-
DIOACTIVE 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. 
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(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 Assist-
ance Program’’ to provide financial assistance in accord-
ance with subsection (c) to local educational agencies that 
have been financially impacted by the presence of radio-
active contaminants stemming from the atomic energy ac-
tivities 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 edu-
cational agency that submits to the Secretary 
an application that includes— 
(i) a certification that the local edu-
cational 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 Engi-
neers; or 
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(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 ex-
pended 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 edu-
cational 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 edu-
cational agency is an impacted school. 
(iii) A budget for the construction of 
a new school building. 
(iv) A certification that the local edu-
cational agency shall only use financial as-
sistance provided under this paragraph for 
1 or more of the following purposes: 
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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 in-
clude— 
(1) a description of the number of applications 
submitted under this section; and 
(2) a description of the amount of financial as-
sistance provided to local educational agencies under 
this section. 
SEC. 5. INVESTIGATION OF SCHOOLS IN HAZELWOOD 
SCHOOL DISTRICT FOR CONTAMINANTS. 
(a) DESIGNATION.—Notwithstanding any other pro-
vision 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 Envi-
ronmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601 et seq.) and the Na-
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tional Contingency Plan, including, at a minimum, 
carrying out a preliminary assessment and site in-
spection of each covered school. 
(2) INCLUSION.—An investigation of a covered 
school under paragraph (1) shall include on-site in-
vestigatory 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 de-
velop and make available to the public, for each covered 
school, a report that includes the results of the investiga-
tion under subsection (b), including— 
(1) the results of the on-site investigatory ef-
forts; 
(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 stu-
dents 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 
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and public notification under the Comprehensive Environ-
mental 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 sec-
tions 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, in-
cluding— 
(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 re-
quired by subsection (a). 
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(2) CONTENTS.—The report required by para-
graph (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 con-
tained 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. 
Æ 
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