Justice for Jana Elementary Act of 2023
This bill establishes a program and requirements regarding schools impacted by radioactive contaminants, including in the Hazelwood School District in Missouri.
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.)
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.
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).
The Department of Energy must review and report on the methodology and results of all tests for radioactive contaminants conducted at Jana Elementary School.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2820 Introduced in House (IH)]
<DOC>
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 period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee 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 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
CONTAMINANTS.
(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.
<all>
Introduced in House
Introduced in House
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 period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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 period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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 period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Environment, Manufacturing, and Critical Materials.
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