[Congressional Record Volume 169, Number 70 (Wednesday, April 26, 2023)]
[Senate]
[Pages S1360-S1362]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                JUSTICE FOR JANA ELEMENTARY ACT OF 2023

  Mr. HAWLEY. Mr. President, in October of this past year, the parents 
and students of Jana Elementary School in Florissant, MO--that is in 
the greater St. Louis area--woke to find news of an independent study 
that had found nuclear radioactive contamination inside the school 
building at Jana Elementary. Now, sadly, this probably didn't come as a 
total shock to those residents who have lived in Florissant and in the 
surrounding area because for

[[Page S1361]]

years now--for years--this community has had to deal with the fallout 
of the Federal Government's own nuclear program and the waste left over 
from it dating back to the 1940s, which was then effectively dumped in 
St. Louis, made its way into the water, into the soil, and now into a 
stream that runs right by this elementary school.
  So the school board wisely said: We should do a study. Let's find out 
if it is in the school.
  Independent results came back and said it was in the dust, on the 
windowsills of the school--radioactive material. The school board met. 
They shut down the school. Parents had kids at home for months.
  Then comes the first of this year. The school board said: We can't in 
good conscience reopen it.
  Now what is happening? The school is closed. The kids are having to 
be bused to other locations, driven to schools outside of their 
neighborhood.
  This a working-class community. These are hard-working folks. They 
don't have the resources lying around to send their kids to other 
schools or to pay to move. If they did, they would. They don't. They 
are just trying to live their lives, work a job, get their kids a 
decent education. And, instead, they have had to deal with this.
  The worst part about it is the Federal Government refused to clean it 
up. When this news broke, the Army Corps of Engineers said: Oh, there 
is nothing wrong with the school. We have tested it a million times. It 
is fine.
  In fact, they held a press conference today in which they said the 
same thing: Trust us. It is fine. It is fine.
  I don't think any of them are sending their kids there. But trust us, 
they say; it is fine.
  When I and the school board and the parents said to the Army Corps of 
Engineers: You need to retest; you need to test the entire school 
district--then they pointed fingers and said: Oh, no, it is the 
Department of Energy; it is their problem.
  So then, when we went to the Department of Energy, they said: Oh, no, 
we can't do anything. It is the Army Corps' problem.
  The Biden administration has spent the last 8 months now pointing 
fingers at each other, saying why they can't do this; they can't do 
that. The kids are just out of luck.
  I just notice this. When that bank in California full of 
billionaires--who are also, not incidentally, major political 
contributors--had a problem, boy, this government moved lickety-split 
to bail them out. How many billions did this government spend to bail 
out the SVB shareholders and stakeholders and depositors? They got 
their bailout in no time flat.
  These kids? Nothing. Can't even get a response. Do you know the Biden 
administration won't even respond to me? So fine. We will do it 
ourselves.
  I have introduced legislation that will order testing in the entire 
school district, that will mandate a cleanup of the school, and, if 
necessary, build these kids a new school.
  The Federal Government caused this problem. The Federal Government 
should fix this problem. And just because these kids aren't 
billionaires or big-time political contributors or connected 
politically doesn't mean that they can be ignored. It doesn't mean that 
their lives don't matter.
  I would just note this. Last week, the Secretary of Energy, Jennifer 
Granholm, when I talked to her about this bill in a public forum--I 
asked her in the hearing--she said that she would support the 
legislation.
  And who couldn't, Mr. President? Who couldn't support having the 
Federal Government clean up its own mess and getting some justice for 
these kids at Jana Elementary?
  And I will just say this. This community in St. Louis has been asked 
to live with the fallout of the Federal Government's actions for 
decades--this is just the latest instance--for decades. The cancer 
rates, the rates of disease, autoimmune disorders, they are off the 
charts in this community, and for years these folks have been told: 
Just shut up, and it will be fine.
  Well, it is not fine, and today we are going to get some justice for 
these kids. Today we are going to start the cleanup process that should 
have happened decades ago.
  So I ask unanimous consent that the Committee on Environment and 
Public Works be discharged from further consideration of S. 418 and the 
Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 418) to provide financial assistance to schools 
     impacted by radioactive contaminants, and for other purposes.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. HAWLEY. Mr. President, I ask unanimous consent that the bill be 
considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. HAWLEY. I know of no further debate on the bill.
  The PRESIDING OFFICER. If there is no further debate on the bill, the 
bill having been read the third time, the question is, Shall the bill 
pass?
  The bill (S. 418) was passed as follows:

                                 S. 418

       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

[[Page S1362]]

     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.

  Mr. HAWLEY. Mr. President, I ask unanimous consent that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HAWLEY. I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.

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