[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.
                                 ______