What This Bill Does
This bill provides financial help to schools that closed due to radioactive contamination found on or near their property. It creates a fund to reimburse schools for testing costs and to help pay for building new schools to replace contaminated ones. The bill also requires investigation of schools in the Hazelwood School District in Missouri and orders the removal of all radioactive contamination from Jana Elementary School.
Who It Affects
Local educational agencies (school districts) that operate schools contaminated by radioactive materials stemming from U.S. Government atomic energy activities. The Secretary of Energy implements the assistance program. The Secretary of the Army conducts investigations and remediation work. Students and employees at affected schools are impacted by the contamination investigation and remediation.
Key Provisions
• The Secretary of Energy must establish a Radioactive School Assistance Program within 30 days to provide money to school districts impacted by radioactive contamination from U.S. Government atomic activities (Sec. 4(b)).
• The Secretary of Energy can reimburse school districts for the full cost of testing for radioactive contamination if the testing led to further testing by the Corps of Engineers or followed testing by a private entity that found contamination (Sec. 4(c)(1)).
• The Secretary of Energy can provide up to $20,000,000 per contaminated school to purchase land and construct new school buildings to replace schools where contamination was found (Sec. 4(c)(2)).
• The Secretary of the Army must establish new remediation goals for Jana Elementary School within 120 days to remove all radioactive contamination so no part of the site has radiation above normal background levels, then carry out the necessary work (Sec. 3).
• The Secretary of the Army must investigate all schools in the Hazelwood School District for radioactive contamination and create public reports of the findings, including danger evaluations (Sec. 5).
What Changes
A new federal fund called the Radioactive School Assistance Fund is created to distribute money to affected school districts. School districts can now apply for reimbursement of testing expenses and receive grants up to $20,000,000 per school to build new facilities. All schools in the Hazelwood School District will be formally investigated for radioactive contamination. Jana Elementary School will have all radioactive contamination removed by federal order. The Secretary of Energy must report to Congress within 60 days describing applications received and money distributed.
Important Definitions
• Impacted school: A public elementary or secondary school that closed on or after January 1, 2020, where the Corps of Engineers detected radiation above normal background levels on school property or within 1,000 feet of buildings used for classes or education.
• Jana Elementary School: The school located at 405 Jana Drive in Florissant, Missouri.
• Covered school: Any school that is part of the Hazelwood School District in Missouri.
• Local educational agency: Defined by reference to the Elementary and Secondary Education Act of 1965 (Not specified in bill text what specific definition applies).
Effective Date
Not specified in bill text. The bill states various deadlines for actions (120 days for remediation goals, 30 days to establish the assistance program, 60 days for reporting to Congress), but does not specify when the law itself takes effect.
118TH CONGRESS
1ST SESSION
S. 418
AN ACT
To provide financial assistance to schools impacted by
radioactive contaminants, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
2
† S 418 ES
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Justice for Jana Ele-
2
mentary Act of 2023’’.
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SEC. 2. DEFINITIONS.
4
In this Act:
5
(1) COVERED
SCHOOL.—The term ‘‘covered
6
school’’ means a school that is part of the Hazel-
7
wood School District in the State of Missouri.
8
(2) FUND.—The term ‘‘Fund’’ means the Ra-
9
dioactive School Assistance Fund established under
10
section 4(a).
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(3) IMPACTED SCHOOL.—The term ‘‘impacted
12
school’’ means a public elementary school or sec-
13
ondary school—
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(A) that closed on or after January 1,
15
2020; and
16
(B) where the Formerly Utilized Sites Re-
17
medial Action Program of the Corps of Engi-
18
neers detected radiation above background lev-
19
els—
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(i) on school property; or
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(ii) otherwise, within 1000 feet of a
22
building containing classrooms or other
23
educational facilities of the school.
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(4) JANA
ELEMENTARY
SCHOOL.—The term
1
‘‘Jana Elementary School’’ means the school located
2
at 405 Jana Drive in Florissant, Missouri.
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(5) LOCAL EDUCATIONAL AGENCY.—The term
4
‘‘local educational agency’’ has the meaning given
5
the term in section 8101 of the Elementary and Sec-
6
ondary Education Act of 1965 (20 U.S.C. 7801).
7
(6) NATIONAL CONTINGENCY PLAN.—The term
8
‘‘National Contingency Plan’’ means the National
9
Contingency Plan—
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(A) prepared and published under section
11
311(d) of the Federal Water Pollution Control
12
Act (33 U.S.C. 1321(d)); or
13
(B) revised under section 105 of the Com-
14
prehensive Environmental Response, Compensa-
15
tion, and Liability Act of 1980 (42 U.S.C.
16
9605).
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(7) PROGRAM.—The term ‘‘Program’’ means
18
the Radioactive School Assistance Program estab-
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lished in accordance with section 4(b).
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(8) SECRETARY.—The term ‘‘Secretary’’ means
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the Secretary of Energy.
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(9) VICINITY PROPERTY.—The term ‘‘vicinity
23
property’’ has the meaning given the term in the
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Engineer Regulation ER 200–1–4 of the Corps of
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† S 418 ES
Engineers entitled ‘‘Formerly Utilized Sites Reme-
1
dial Action Program’’ and dated August 29, 2014
2
(or a successor document).
3
SEC. 3. REMEDIATION OF JANA ELEMENTARY SCHOOL.
4
Consistent with the requirements and obligations
5
under the Formerly Utilized Sites Remedial Action Pro-
6
gram of the Corps of Engineers, the Secretary of the
7
Army shall—
8
(1) not later than 120 days after the date of
9
the enactment of this Act, establish new remediation
10
goals for Jana Elementary School that will result in
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the removal of all radioactive contamination at Jana
12
Elementary School such that no portion of the site
13
is subjected to radiation above background levels;
14
and
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(2) after establishing remediation goals under
16
paragraph (1), carry out activities necessary to
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achieve those goals.
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SEC. 4. FINANCIAL ASSISTANCE FOR SCHOOLS WITH RA-
19
DIOACTIVE CONTAMINATION.
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(a) RADIOACTIVE SCHOOL ASSISTANCE FUND.—
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(1) ESTABLISHMENT.—There is established in
22
the Treasury of the United States a fund to be
23
known as the Radioactive School Assistance Fund to
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† S 418 ES
carry out the reimbursement program described in
1
subsection (b).
2
(2) FUNDING.—The Fund shall consist of
3
amounts appropriated pursuant to the authorization
4
of appropriations under section 7.
5
(b) RADIOACTIVE SCHOOL ASSISTANCE PROGRAM.—
6
Not later than 30 days after the date of the enactment
7
of this Act, the Secretary shall establish and implement
8
a program to be known as the ‘‘Radioactive School Assist-
9
ance Program’’ to provide financial assistance in accord-
10
ance with subsection (c) to local educational agencies that
11
have been financially impacted by the presence of radio-
12
active contaminants stemming from the atomic energy ac-
13
tivities of the United States Government.
14
(c) APPLICATIONS FOR FINANCIAL ASSISTANCE.—
15
(1) REIMBURSEMENT FOR TESTING.—
16
(A) IN
GENERAL.—The Secretary shall
17
provide financial assistance to each local edu-
18
cational agency that submits to the Secretary
19
an application that includes—
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(i) a certification that the local edu-
21
cational agency incurred expenses while
22
testing for radioactive contaminants at an
23
impacted school;
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(ii) proof of such expenses; and
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† S 418 ES
(iii) proof that such testing—
1
(I) led to further testing under
2
the Formerly Utilized Sites Remedial
3
Action Program of the Corps of Engi-
4
neers; or
5
(II) was undertaken following
6
testing by a private entity that found
7
radioactive contamination.
8
(B) LIMITATIONS.—Financial assistance
9
provided to a local educational agency under
10
this paragraph shall not exceed the amount ex-
11
pended by such local educational agency to test
12
for radioactive contamination.
13
(2) FUNDING FOR CONSTRUCTION.—
14
(A) IN
GENERAL.—The Secretary shall
15
provide financial assistance for the construction
16
of a new school building to each local edu-
17
cational agency that submits to the Secretary
18
an application that includes the following:
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(i) A plan for the construction of a
20
new school building.
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(ii) Documentation that a school
22
under the jurisdiction of the local edu-
23
cational agency is an impacted school.
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† S 418 ES
(iii) A budget for the construction of
1
a new school building.
2
(iv) A certification that the local edu-
3
cational agency shall only use financial as-
4
sistance provided under this paragraph for
5
1 or more of the following purposes:
6
(I) To purchase land for the con-
7
struction of a new school building.
8
(II) To construct a new school
9
building
to
replace
an
impacted
10
school.
11
(B) LIMITATIONS.—
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(i) AMOUNT OF FUNDING.—Financial
13
assistance provided to a local educational
14
agency under this paragraph shall not ex-
15
ceed
$20,000,000
for
each
impacted
16
school.
17
(ii) USE
OF
FUNDS.—A local edu-
18
cational agency that receives financial as-
19
sistance under this paragraph may only
20
use such financial assistance for 1 or more
21
of the following purposes:
22
(I) To purchase land for the con-
23
struction of a new school building.
24
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† S 418 ES
(II) To construct a new school
1
building
to
replace
an
impacted
2
school.
3
(3) CONSIDERATIONS.—The Secretary may not
4
reject an application submitted by a local edu-
5
cational agency for financial assistance under this
6
subsection due to prior remediation by the Corps of
7
Engineers or any other relevant Federal agency of
8
an impacted school under the jurisdiction of such
9
local educational agency.
10
(d) REPORTS.—Not later than 60 days after the date
11
of the enactment of this Act, the Secretary shall submit
12
to Congress a report on the Program, which shall in-
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clude—
14
(1) a description of the number of applications
15
submitted under this section; and
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(2) a description of the amount of financial as-
17
sistance provided to local educational agencies under
18
this section.
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SEC. 5. INVESTIGATION OF SCHOOLS IN HAZELWOOD
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SCHOOL DISTRICT FOR CONTAMINATES.
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(a) DESIGNATION.—Notwithstanding any other pro-
22
vision of law, each covered school shall be designated as
23
a vicinity property of the St. Louis Airport Site of the
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Formerly Utilized Sites Remedial Action Program of the
1
Corps of Engineers.
2
(b) INVESTIGATION.—
3
(1) IN GENERAL.—The Secretary of the Army
4
shall investigate and characterize each covered
5
school in accordance with the Comprehensive Envi-
6
ronmental Response, Compensation, and Liability
7
Act of 1980 (42 U.S.C. 9601 et seq.) and the Na-
8
tional Contingency Plan, including, at a minimum,
9
carrying out a preliminary assessment and site in-
10
spection of each covered school.
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(2) INCLUSION.—An investigation of a covered
12
school under paragraph (1) shall include on-site in-
13
vestigatory efforts and sampling in accordance with
14
section 300.420(c)(2) of title 40, Code of Federal
15
Regulations (as in effect on the date of enactment
16
of this Act).
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(c) REPORTS.—The Secretary of the Army shall de-
18
velop and make available to the public, for each covered
19
school, a report that includes the results of the investiga-
20
tion under subsection (b), including—
21
(1) the results of the on-site investigatory ef-
22
forts;
23
(2) a summary of the results of sampling under
24
paragraph (2) of that subsection for contaminants of
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† S 418 ES
concern, including the average and highest detected
1
levels of each contaminant of concern; and
2
(3) an evaluation of the danger posed to stu-
3
dents and employees of the covered school by the
4
levels of contamination.
5
(d) COMMUNITY RELATIONS.—In carrying out this
6
section, the Secretary of the Army shall comply with all
7
applicable requirements relating to community relations
8
and public notification under the Comprehensive Environ-
9
mental Response, Compensation, and Liability Act of
10
1980 (42 U.S.C. 9601 et seq.), section 311 of the Federal
11
Water Pollution Control Act (33 U.S.C. 1321), and sec-
12
tions 300.415, 300.430, and 300.435 of title 40, Code of
13
Federal Regulations (as in effect on the date of enactment
14
of this Act).
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SEC. 6. REVIEW AND REPORT OF RADIOACTIVE TESTING AT
16
JANA ELEMENTARY SCHOOL.
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(a) REVIEW.—Not later than 30 days after the date
18
of the enactment of this Act, the Secretary shall review
19
the methodology and results of all tests for radioactive
20
contaminants conducted at Jana Elementary School, in-
21
cluding—
22
(1) tests conducted by the Corps of Engineers;
23
(2) tests conducted by Boston Chemical Data
24
Corporation; and
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† S 418 ES
(3) tests commissioned by the Hazelwood
1
School District in the State of Missouri.
2
(b) REPORT.—
3
(1) IN GENERAL.—Not later than 45 days after
4
the date of the enactment of this Act, the Secretary
5
shall submit to Congress a report on the review re-
6
quired by subsection (a).
7
(2) CONTENTS.—The report required by para-
8
graph (1) shall include—
9
(A) for each test described in subsection
10
(a), an evaluation of—
11
(i) the reliability of the methodology
12
used—
13
(I) to conduct such test; and
14
(II) to evaluate the results of
15
such test; and
16
(ii) the reliability of the opinions con-
17
tained in any report summarizing the test;
18
and
19
(B) an evaluation of the danger posed to
20
children by any radioactive contaminants found
21
at Jana Elementary School.
22
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† S 418 ES
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
1
There is authorized to be appropriated for fiscal year
2
2023 $25,000,000 to carry out this Act.
3
Passed the Senate April 26, 2023.
Attest:
Secretary.
118TH CONGRESS
1ST SESSION
S. 418
AN ACT
To provide financial assistance to schools impacted
by radioactive contaminants, and for other pur-
poses.