[Congressional Record Volume 169, Number 123 (Tuesday, July 18, 2023)]
[Senate]
[Pages S3016-S3017]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 839. Mr. HAWLEY submitted an amendment intended to be proposed by
him to the bill S. 2226, to authorize appropriations for fiscal year
2024 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XXVIII, insert the
following:
Subtitle ___--Justice for Jana Elementary Act of 2023
SEC. ___. SHORT TITLE.
This subtitle may be cited as the ``Justice for Jana
Elementary Act of 2023''.
SEC. ___. DEFINITIONS.
In this subtitle:
(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 this subtitle.
(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 this
subtitle.
(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. ___. 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. ___. 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 this subtitle.
(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.
[[Page S3017]]
(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. ___. 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. ___. 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. ___. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal year 2023
$25,000,000 to carry out this subtitle.
______