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Referenced Laws
20 U.S.C. 7801
33 U.S.C. 1321(d)
42 U.S.C. 9605
42 U.S.C. 9601 et seq.
Section 1
1. Short title This Act may be cited as the Justice for Jana Elementary Act of 2023.
Section 2
2. Definitions In this Act: The term covered school means a school that is part of the Hazelwood School District in the State of Missouri. The term Fund means the Radioactive School Assistance Fund established under section 4(a). The term impacted school means a public elementary school or secondary school— that closed on or after January 1, 2020; and where the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers detected radiation above background levels— on school property; or otherwise, within 1000 feet of a building containing classrooms or other educational facilities of the school. The term Jana Elementary School means the school located at 405 Jana Drive in Florissant, Missouri. 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). The term National Contingency Plan means the National Contingency Plan— prepared and published under section 311(d) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)); or revised under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605). The term Program means the Radioactive School Assistance Program established in accordance with section 4(b). The term Secretary means the Secretary of Energy. 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).
Section 3
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— 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 after establishing remediation goals under paragraph (1), carry out activities necessary to achieve those goals.
Section 4
4. Financial assistance for schools with radioactive contamination 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). The Fund shall consist of amounts appropriated pursuant to the authorization of appropriations under section 7. 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. The Secretary shall provide financial assistance to each local educational agency that submits to the Secretary an application that includes— a certification that the local educational agency incurred expenses while testing for radioactive contaminants at an impacted school; proof of such expenses; and proof that such testing— led to further testing under the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers; or was undertaken following testing by a private entity that found radioactive contamination. 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. 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: A plan for the construction of a new school building. Documentation that a school under the jurisdiction of the local educational agency is an impacted school. A budget for the construction of a new school building. A certification that the local educational agency shall only use financial assistance provided under this paragraph for 1 or more of the following purposes: To purchase land for the construction of a new school building. To construct a new school building to replace an impacted school. Financial assistance provided to a local educational agency under this paragraph shall not exceed $20,000,000 for each impacted school. 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: To purchase land for the construction of a new school building. To construct a new school building to replace an impacted school. 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. 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— a description of the number of applications submitted under this section; and a description of the amount of financial assistance provided to local educational agencies under this section.
Section 5
5. Investigation of schools in Hazelwood School District for contaminants 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. 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. 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). 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— the results of the on-site investigatory efforts; 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 an evaluation of the danger posed to students and employees of the covered school by the levels of contamination. 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).
Section 6
6. Review and report of radioactive testing at Jana Elementary School 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— tests conducted by the Corps of Engineers; tests conducted by Boston Chemical Data Corporation; and tests commissioned by the Hazelwood School District in the State of Missouri. 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). The report required by paragraph (1) shall include— for each test described in subsection (a), an evaluation of— the reliability of the methodology used— to conduct such test; and to evaluate the results of such test; and the reliability of the opinions contained in any report summarizing the test; and an evaluation of the danger posed to children by any radioactive contaminants found at Jana Elementary School.
Section 7
7. Authorization of appropriations There is authorized to be appropriated for fiscal year 2023 $25,000,000 to carry out this Act.