Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.__ 9663

Introduced by Representatives Ron P. Salo

EXPLANATORY NOTE

There are two (2) regulatory agencies in the Philippines responsible for the
regulation of ionizing radiation, the Philippine Nuclear Research Institute (PRI), by
virtue of Republic Acts 2067 (the Science Act of 1958), 3589, and 5207 (the Nuclear
Energy Regulatory and Liability Act of 1968) and the Center for Device Regulation,
Radiation Health and Research of the Food and Drug Administration (FDA-CDRRHR),
by virtue of Republic Act 9711.

However, the PNRI operates numerous laboratories and offers technical
services, which have to be licensed themselves and are charged with promotion and
regulatory functions, which are incompatible according to intemational best practices.
This matter was raised already by two (2) Radiation Safety Infrastructure (RaSIA)
Audits (carried out by the International Nuclear Energy Agency (IAEA)) in 2004 of both
PARI and FDA-CDRRHR (then known as the Bureau of Health Devices and
Technology, or BHDT). Recommendations from this audit led to the re-structuring of
the BHDT into the FDA as the CDRRHR, effectively independent from their licensees,
and with no promotion function in their mandate under Republic Act 9711.

Although FDA-CDRRHR does not suffer from this incompatibility, since a
thorough review of the General Safety Requirements for Governmental and Legal
Frameworks of the [AEA was carried out by the Department of Health; these reforms
for BHDT overtook the proposed reforms for PNRI, resulting in a situation where in

many facilities, most notably in healthcare, have to obtain two licenses for the use of
ionizing radiation.

't should be emphasized that although an effectively independent regulatory
authority is required, one reporting to the Office of the President would not be feasible
mainly because of rising administrative and operational costs. The transfer of
regulatory functions to a new regulatory commission attached to the Department of
Health becomes a very attractive option because such an agency will have its own
business plan, and is able to retain its own income, in addition to the required effective
independence of a regulatory agency.

ln this proposal, the term “atomic” was used instead of “nuclear” because
“atomic” refers to a broader meaning in science that may eventually cater to
expansions in its mandate. It also creates a less aggressive and more positive

Page 1 of 29


connotation. It should be noted that in the case of this bill, atomic and nuclear are one
and the same.

The immediate passage of this Bill is earnestly sought.

Ww

RON P. SALO
KABAYAN Partylist

Page 2 of 29


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No._ 9663

Introduced by Representatives Ron P. Salo

AN ACT
PROVIDING FOR A COMPREHENSIVE ATOMIC REGULATORY FRAMEWORK,
CREATING FOR THE PURPOSE, THE PHILIPPINE ATOMIC REGULATORY
COMMISSION, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

ARTICLE |
GENERAL PROVISIONS

SECTION 1. Short Title. —This Act shall be known as the “Comprehensive
Atomic Regulation Act”.

SEC. 2. Declaration of Policy — \t is hereby declared to be the Policy of the
State to:

a) Harness the peaceful uses of Atomic energy that can provide important
benefits in health and medicine, energy production, scientific research,
agriculture, industry, and education;

b) Recognize the potentially harmful effects of ionizing radiation resulting
from improper use, accidents, or malicious acts;

©) Protect individuals, society, and the environment from the potentially
harmful effects of ionizing radiation, including those resulting from
improper use, accidents or malicious acts;

d) Establish and maintain a legal and regulatory framework for the
regulation and control of peaceful uses of radiation sources, atomic
material, and any other radioactive material;

e) Manage radioactive waste in a manner that Protects current and future
generations from undue impacts; and

f) Establish and maintain a legal and regulatory framework for
implementing effective measures to Prevent, detect, and respond to

Page 3 of 29


SEC.

a)

b)

c)

dq)

SEC.

a)

b)

unauthorized acts involving atomic material, other radioactive sources,
or associated facilities that may cause injury to persons, property, or the
environment, or otherwise jeopardize national security.

3. Objectives. The objectives of this Act are:

To provide a legal framework that adequately protects public health and
safety and the environment against the harmful effects of ionizing
radiation, and for the safety and security of radiation sources;

To establish the Philippine Atomic Regulatory Commission (PARC) for
the purpose of exercising regulatory control over the peaceful uses of
ionizing radiation in the territory or area under the jurisdiction or control
of the Republic of the Philippines, including the production, possession,
use, import, transport, transfer, handling, and management of
radioactive materials, or other activities or practices identified by the
PARC;

To establish and maintain a regulatory system for the formulation and
adoption of regulations and guides on the use of ionizing radiation that
Specify the principles. requirements, and associated criteria for safety
and security upon which regulatory judgments, decisions, and actions
are based; and

To enable the Philippines to fulfil its obligations under relevant
intemational instruments entered into by the Philippines, in particular,
the Treaty on the Non-Proliferation of Nuclear Weapons (NPT); the
Treaty on Southeast Asia Nuclear Weapon-Free Zone; Comprehensive
Test Ban Treaty; the Agreement between the Philippines and the
International Nuclear Energy Agency (IAEA) for the Application of
Safeguards in Connection with the NPT (the Safeguards Agreement);
Additional Protocol to Safeguards Agreement; Vienna Convention on
Civil Liability for Nuclear Damage; Agreement on the Privileges and
Immunities of the IAEA; Convention on the Physical Protection of
Nuclear Material, United Nations Resolutions on Nuclear Security, and
other relevant international instruments entered into by the Republic of
the Philippines.

4. Scope. ~

This Act shall apply to all activities and practices involving ionizing
radiation sources, including atomic and other radioactive materials,
facilities and radiation generating equipment.

This Act shall not apply to activities or practices involving exposures that

have been exempted trom regulatory control through regulations
established by the PARC. ee

Page 4 of 29


SEC. 5. Definitions. —As used in this Act:

a)

b)

c)

1)

e)

9)

h)

Activity refers to the amount of radionuclide produced in a given energy
state at a given time;

Authorization refers to a permission granted by the Commission to a
person who has submitted an application involving atomic and
radioactive materials and facilities, and ionizing radiation generating
equipment. The authorization can take the form of a notification, a
registration, or a license;

Decommissioning refers to the administrative and technical actions
taken to allow the removal of some or all of the regulatory controls from
a facility to ensure the long term protection of the public and the
environment, and typically include reducing the levels of residual radio
nuclides in the materials and on the site of the facility so that the
materials can be sately recycled, reused, or disposed of as exempt
waste or as radioactive waste and the site can be released for
unrestricted use or otherwise reused;

Emergency plan refers to a description of the objectives, policy, and
concept of operations for the response to an emergency and of the
structure, authorities and responsibilities for a systematic, coordinated
and effective response. The emergency plan serves as the basis for the
development of other plans, procedures and checklists;

Emergency preparedness refers to the capability to take actions that
will effectively mitigate the consequences of an emergency for human
health and safety, quality of life, property, and the environment;

Emergency response refers to the performance of actions to mitigate
the consequences of an emergency for human health and safety, quality
of life, property, and the environment;

Exclusion refers to the deliberate excluding of a particular category of
exposure from the scope of an instrument of regulatory control on the
Grounds that it is not considered amenable to control through the
regulatory instrument in question.

Exemption refers to the determination by the PARC that a source or
Practice need not be subject to some or all aspects of regulatory control
on the basis that the exposure, including potential exposure, due to the
Source or practice being too small to warrant the application of those
aspects or that this is the optimum option for protection irrespective of
the actual level of the doses or risks;

Facilities refer to atomic installations or radiation facilities in which
People may be exposed to ionizing radiation. These include:

Page 5 of 29


k)

m)

n)

0)

p)

1) uranium mining and raw material processing facilities such as
uranium mines;

2) enrichment and fuel manufacturing plants;

3) atomic power plants;

4) other reactors such as research reactors and critical assemblies;
5) spent fuel reprocessing plants;

6) radioactive waste management facilities;

7) radiation generator installations and facilitie:
8) irradiation installations;

9) Atomic and radiation facilities for medical, industrial, research, and
education purposes; and

10)such other facilities as the Commission shall determine from time to
time;

Facility operators refer to any organization or person applying for
authorization or authorized or responsible for atomic, radiation,
fadioactive waste or transport safety when undertaking activities or in
relation to any atomic facility or source of ionizing radiation. This
includes, inter alia, private individuals, governmental bodies, consignors
or carriers, licensees, hospitals, and self-employed persons;

Income refers to the fees and other payments given to the PARC in the
conduct of its regulatory functions;

Individual operator refers to any individual who manipulates the
controls of a atomic installation and radiation facility;

Installation operator refers to any person, organization, or government

entity licensed or authorized to undertake the operation of an atomic or
radiation facility;

lonizing radiation refers to electromagnetic or particulate radiation
capable of producing ion pairs directly or indirectly;

lonizing radiation sources refer to atomic and other radioactive
‘materials facilities and radiation generating equipment;

License refers to a legal document issued by the PARC granting
authorization to perform specified activities related to facilities or
activities; or any authorization granted by the PARC to the applicant to

Page 6 of 29


q)

s)

u)

v)

have the responsibility for the siting, design, construction,
commissioning, operation or decommissioning of an atomic installation;

Licensee refers to the authorized person who is a holder of a valid
license granted for a practice or source who has recognized rights and
duties for the practice or source, particularly in relation to protection and
safety; or an organization having overall responsibility for facilities or
activities;

Natural sources refer to naturally occurring sources of radiation, such
as the sun and stars (sources of cosmic radiation) and rocks and soil
(terrestrial sources of radiation);

Atomic accident refers to any unintended event, including operating
errors, equipment failures and other mishaps, the consequences or
potential consequences of which are not negligible from the point of view
of protection or safety;

Atomic damage refers to loss of life, any personal injury, or any loss, or
damage to, or loss of use of property, which arises out of or results from
the radioactive, toxic, explosive or other hazardous properties, or any
combination thereof, of atomic fuel or radioactive products or any waste
in, or of atomic materials coming from, originating in, or sent to, an
Atomic installation or from the ionizing radiation emitted by any other
sources of radiation inside an atomic installation. Personal injury
includes any physical or mental injury, sickness or disease, death
whether caused directly by a physical trauma or otherwise;

Atomic incident refers to any occurrence or series of occurrences
having the same origin which causes atomic damage or, but only with
respect to preventive measures, creates a grave and imminent threat of
causing such damage;

Atomic instaliation refers to any of the following:

1) an atomic reactor for research or production of atomic materials for
industrial or medical use (including critical and  sub-critical
assemblies);

2) a plant for preparing or storing fuel for use in an atomic reactor as
described in paragraph (1);

3) an atomic waste storage or disposal facility with an activity that is
greater than the activity level prescribed by regulations made for the
purposes of this law;

4) @ facility for production of radioisotopes with an activity that is greater

than the activity level prescribed by regulations made for the
Purposes of law this section; and

Page 7 of 29


w)

x)

y)

2)

aa)

bb)

ec)

5) any other facility that is prescribed for the development, production
or use of Atomic energy or the production, possession or use of a
Atomic substance, prescribed equipment or prescribed information;

Atomic material refers to:

1) Atomic fuel, other than natural uranium and depleted uranium,
capable of producing energy by a self-sustaining chain process of
Atomic fission outside an atomic reactor, either alone or in
combination with some other materials; and

2) Plutonium except that with isotopic concentration exceeding 80%
in plutonium-238; uranium-233; uranium enriched in the isotope
235 or 233; uranium containing the mixture of isotopes as
occurring in nature other than in the form of ore or ore residue;
any material containing one or more of the foregoing;

Atomic or radiological emergency refers to a non-routine situation that
necessitates prompt action primarily to mitigate a hazard due to the
energy resulting from a Atomic chain reaction or from the decay of the
products of a chain reaction; or radiation exposure or adverse

consequences for human health and safety, quality of life, property or
the environment;

Atomic safety refers to the achievement of proper operating conditions
of Atomic installations, proper handling and use of Atomic material,
Prevention of accidents or mitigation of consequences of accidents
resulting in protection of workers, the public, and the environment from
undue radiation hazards;

Physical protection refers to technical and organizational measures for
Protection from atomic material or authorized facilities designed to
prevent unauthorized access to Atomic installations, Atomic materials
and other radioactive materials;

Practices refer to activities that introduce additional sources of ‘exposure
or exposure pathways or extends exposure to additional people or
modifies the network of exposure pathways from exis ling sources, so as
to increase the exposure or the likelihood of exposure of People, or the
number of people exposed;

Radiation facility refers to a facility that utilizes radioactive materials;
particle accelerator facility; and other such facility that the PARC shall
determine from time to tim

Radiation generating equipment or radiation generator refers to an
equipment or device that generates ionizing radiation when energized
(e.g., x-ray generating equipment) or that would, if assembled or
repaired, be capable of producing ionizing radiation when energized or
an equipment as the PARC shall from time to time determine;

Page 8 of 29


dd)

ee)

gg)

hh)

ii)

ii)

kk)

il)

mm)

Radiation protection refers to the protection of people and the
environment from the harmful effects of ionizing radiation;

Radiation source refers to a radiation generator, or a radioactive source
or other radioactive material outside the Atomic fuel cycles of research
and power reactors;

Radioactive material refers to any material designated in national law
or by a regulatory body as being subject to regulatory control because
of its radioactivity which includes sealed and unsealed sources and
radioactive waste;

Radioactive source refers to a radioactive material permanently sealed
in a capsule or closely bonded and in a solid form and which is not
exempt from regulatory control. This also includes any radioactive
material released if the radioactive source is leaking or broken, but does
not include material encapsulated for disposal, or Atomic material within
the Atomic fuel cycles of research and power reactors;

Radioactive waste refers to waste substances, objects or equipment for
which no further use is foreseen by their owner, with a radionuclide
content or surface radionuclide contamination exceeding values
permitting their discharge into the environment. These values shall be
set out in an implementing regulation;

Radioactive waste disposal refers to the permanent emplacement of

radioactive waste in a suitable facility or installation without intent to
retrieve it;

Radioactive waste and spent fuel storage refers to the holding of
radioactive sources, spent fuel or of radioactive waste in a facility that
provides for their containment, with the intention of retrieval at a future
date;

Radionuclide refers to an unstable form of a chemical element that
radioactively decays, resulting in the emission of Atomic radiation;

Registrant refers to the holder of a current registration;

Registration refers to a form of authorization for practices of low or
moderate risks whereby the person responsible for the practice has
prepared and submitted a safety assessment of the facilities and
equipment to the Philippine Atomic Regulatory Commission created
under Article |, Sec. 6 of this Act, and has complied with the legal
requirements. The requirements for safety assessment and the
conditions or limitations applied to the practice should be less severe
than those for licensing.

Typical practices that may be registered are those undertaken in facilities
whose design and equipment ensure safety, or those whose operating

Page 9 of 29


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procedures are simple and easy to follow, those that require minimal
safety training, or those that historically have produced minimal safety
problems;

Safeguards refer to measures undertaken to ensure that the Atomic
material, non-Atomic material, services, equipment, facilities,
information, and certain items are not used for the manufacture of
Atomic weapons or any other Atomic explosive devices or to further any
military purpose; :

Safety refers to measures intended to minimize the likelihood of
accidents involving radiation sources, Atomic material and their
associated facilities;

Security refers to the prevention and detection of and response to, theft,
sabotage, unauthorized access, illegal transfer or other malicious acts
involving Atomic material, other radioactive substances or their
associated facilities;

‘Source refers to anything that may cause radiation exposure — such as
by the emission of ionizing radiation or by the release of radioactive
substances or material — that can be treated as a single entity for
protection and safety purposes;

Special Drawing Right, hereinafter referred to as SDR, refers to the
unit of account defined by the International Monetary Fund and used by
it for its own operations and transaction:

Special fissionable materials refer to Plutonium-239, Uranium-233,
Uranium enriched in the isotopes 235 or 233 and materials containing
‘one or more of the foregoing in concentration or amount exceeding
values established by the Philippine Atomic Regulatory Commission;

Spent Atomic fuel refers to Atomic fuel that has been irradiated in and
permanently removed from a reactor core; and

Technical and scientific support organization refers to an external
organization or group of experts who are not part of the Philippine Atomic
Regulatory Commission's permanent staff from whom it may seek
advice or recommendations in the conduct of its regulatory
responsibilities.

ARTICLE I

THE PHILIPPINE ATOMIC REGULATORY COMMISSION

SEC. 6. Creation and Mandate of the Philippine Atomic Regulatory
Commission. ~ There is hereby created an independent central Atomic regulatory
body to be known as the Philippine Atomic Regulatory Commission (PARC) that shall
exercise authority over all aspects of safety, security, and safeguards involving Atomic.
materials and other radioactive materials, facilities, and radiation generating

equipment.

Page 10 of 29


SEC. 7. Regulatory Policy. — In issuing authorizations and other regulations
under this Act, the PARC shall:

a)

b)

c)

4)

Impose the minimum requirements to protect the health and safety of the
public and the environment, and ensure the security of ionizing radiation
‘sources;

Prevent the spread of Atomic weapons and prevent Atomic or
radiological terrorism consistent with the obligations of the Philippines
under relevant international instruments;

Establish and implement regulations, rules and orders consistent with
relevant international standards and best practices; and

Ensure that operators are technically and financially qualified to engage
in the proposed activities in accordance with the requirements of this Act
and the PARC’s regulations, and has financial protection to fulfill
obligations on liability for Atomic and radiation damage.

SEC. 8. Functions of the PARC. - The PARC shall:

a)

b)

c)

d)

e)

9)
h)

Define, formulate, develop, and issue policies, regulations, standards,
and other issuances necessary for the regulations and standards,
regulatory guides, and other documents necessary for the
implementation of this Act and its implementing rules and regulations;

Issue, amend, and revoke rules, regulations and orders Pertaining to the
financial capability of operators to cover liability for Atomic damage;

Establish and implement a system of authorization in the form of
notification, registration, and licensing, including modifications,
amendments, suspension, and revocation of such authorizations;

Review and assess submissions on safety assessments and security

plans from the facility operators prior to authorization and periodically
thereafter, as required;

Inspect, monitor, and assess acti and practices to ensure
compliance with applicable regulations, and the terms and conditions of
authorizations;

Take enforcement measures as provided for under Section 22 of this Act
in the event of non-compliance with applicable regulations or the terms.
and conditions of authorizations;

Define exemptions and exclusions from regulatory control;

Ensure the application of safety, safeguard, and security requirements
consistent with national and international commitments;

Page 11 of 29


k)

m)

n)

0)

p)

q)

)

s)

Hold hearings and conduct investigations, and for these purposes,
administer oaths and affirmations and issue subpoenas to any person to
appear and testify, or to appear and produce documents at any
designated time and place;

Cooperate with other governmental or non-governmental bodies that are
competent in such areas as health and safety, environmental protection,
security, and transportation of Atomic and related dangerous goods;

Act as the national authority on Atomic safety, security and regulatory
matters relative to the International Atomic Energy Agency (IAEA),
foreign governments, relevant regional and international organizations,
including law enforcement and intelligence agencies;

Participate in relevant regionai and intemational conferences related to
safety, security, and safeguards of Atomic and other radioactive
materials and safety of radiation generating equipment;

Obtain experts’ advice and opinions necessary to perform its functions,
including the hiring of consultants, contracting of specific projects, or
establishing Technical and Scientific Support Organizations (TSOs) or
ad hoc advisory bodies;

Cooperate with other relevant government agencies to establish and
maintain a national radiological emergency preparedness and response
plan;

Carry out or contract research activities on radiation safety and ‘security;

Establish appropriate mechanisms and procedures for informing and
consulting the public and other stakeholders about the regulatory
Process and the safety, health, and environmental aspects of regulated
activities and practices, including incidents, accidents, and abnormal
occurrences;

Exercise regulatory control with respect to ionizing radiation sources,
including issuing authorization;

Establish and maintain a national register of radiation ‘sources;

Establish and maintain a national register of persons authorized to carry
out activities or practices under this law;

Cooperate with the IAEA in the application of safeguards in accordance
with the Safeguards Agreement, and any protocols thereto, between the
Republic of the Philippines and the IAEA, including conducting
inspections and visits, carrying out complementary access and providing
any assistance or information required by designated IAEA inspectors in
the fulfillment of their responsibilities;

Page 12 of 29


u) Establish and maintain a State System of Accounting for and Control of
Atomic material and a national system for the registration of licenses for
‘Atomic material, and to establish the necessary reporting and record
keeping and requirements pursuant to the Safeguards Agreement, and
any protocols thereto, between a State and the IAEA;

v) Perform such other relevant functions necessary to implement the
provisions of this Act.

Nothing in this Act shall preclude the authorized agents of the Department of
National Defense and other law enforcement agencies to conduct inspections of
atomic energy facilities, materials or any activity jointly with the authorized
representatives of the PARC when the national security of the State is involved.

SEC. 9. Management System. — The PARC shall establish, implement, and
assess a management system that is aligned with its safety goals and contributes to
its achievement. The PARC shall ensure that regulatory control is stable and
consistent.

SEC. 10. Organizational Structure of the PARC. —The PARC shall be
headed by a Commissioner who shall be appointed by the President for a term of five
(8) years with a rank equivalent to an Undersecretary. The Commissioner shall be
assisted by four (4) Deputy Commissioners who shall be’ appointed by the President
with a rank equivalent to Assistant Secretary, and who shall serve a term of five (5),
four (4), three (3) and two (2) years, respectively. Thereafter, the successors shall be
appointed to serve for five (5) years. The four deputy commissioners shall represent
the following sectors: (a) health, (b) energy, (c) defense and security, and (d) industry
which shall include research, industry, agriculture, and environment. The
commissioner may come from any of the aforesaid sectors.

The Commissioner or at least one (1) Deputy Commissioner shall have the
Necessary scientific and technical qualifications, preferably an advanced degree in

natural sciences or engineering or a broad professional background in any of the said
fields.

The members of the PARC shall not be removed from office except for just
cause and after due process as provided by law.

For the proper management and effective implementation of the objectives of
the PARC, an Executive Director shall be appointed by the President upon the
recommendation of the Commissioner, and shall perform the following functions:

a) Assist the Chairperson in the discharge of the executive and
administrative functions;

b) Coordinate and direct the activities of the staff and be responsible for
the day-to-day management of the affairs and activities of the PARC;

c) Recommend and develop plans to achieve the PARC's objectives; and

Page 13 of 29


d) Perform such other relevant functions necessary to implement the
provisions of this Act.

All other officials and employees of PARC shall be appointed by the
Chairperson subject to the civil service laws, rules and regulations.

SEC. 11. Official Site of PARC. - A \and area equivalent to at least ten (10)
hectares out of the area of lands which are under the administration of the Bases
Conversion and Development Authority (BCDA) within the Clark Special Economic
Zone in Pampanga and Tarlac, shall be allocated exclusively for the PARC office:
Provided, That the PARC shall establish additional offices in strategic areas as it may
deem necessary: Provided further, That the boundaries and technical descriptions of
these land areas shall be determined by an actual and joint group survey.

SEC. 12. Fees and Charges. — The PARC is authorized to charge and collect
reasonable fees in the performance of its regulatory functions: Provided, That such
fees shall be imposed by regulation on the basis of such pubiished criteria as the
PARC deems appropriate. The fees and charges collected by the PARC shall be
deposited with the Bureau of the Treasury as income of the general fund pursuant to
Section 44, Chapter 5, Book VI of Executive Order. No. 292, s. 1987.

SEC.13, Atomic Waste Management Fund. - A portion of the payment of the
electricity generated from the use of Atomic energy shall be set aside to establish a
Atomic Waste Management Fund in view of the importance of Atomic waste disposal
and spent fuel. The Fund shall be held in escrow and can only be utilized for the safe
disposal of the Atomic waste which shall include siting research, transport, and final

geological disposal. Such payment portion shall be determined by the PARC based
on international practice.

SEC.14. Technical and Scientific Support Organizations. —The PARC is
authorized to seek expert opinion and recommendations from independent technical
and scientific support organizations that do not pose a conflict of interest, or improperly
influence the PARC's regulatory decision making. Any advice offered shall not relieve

the PARC of its responsibilities under this Act, other relevant laws, and applicable
regulations.

SEC. 15. Establishment of an Advisory Board. There shall be established
an advisory board to assist and advise the Commissioners on safety and security
matters arising from the use of Atomic and radioactive materials and from the
Operation of Atomic installations and radiation facilities, and on regulations applicable
to.such authorizations. The advisory board shall be composed of not more than twelve
(12) members as follows:

a) Secretary of the Department of Science and Technology, as
Chairperson;

b) Secretary of the Department of Health, as Vice Chairperson;

©) Secretary of the Department of Energy, as Member;

Page 14 of 29


d) Secretary of the Department of Environment and Natural Resources, as
Member;

e) Secretary of the Department of National Defense, as Member;
f) Secretary of the Department of Trade and Industry, as Member;
9) Secretary of the Department of Agriculture, as Member; and

h) A maximum of five (5) experts from the academe or non-government
organizations, or both.

The advice of the Board shall not be disregarded by the PARC in its decisions
or resolutions: Provided, however, That the decision of the PARC shall prevail. The
PARC shall be ultimately accountable for its decisions and actions.

The Advisory Board may be convened anytime by the Chairperson, or upon the
request of the PARC.

ARTICLE Hi .
REGULATION AND AUTHORIZATION OF ATOMIC INSTALLATIONS AND
RADIATION FACILITIES

SEC. 16. Activities Subject to Authorization. — It.shall be unlawful for any
Person to transfer, construct, receive, own, possess, operate, import or export any
Atomic installation and radiation facility except under an authorization issued by the
PARC. A person or organization shall be required specific authorization issued by the
PARC to conduct any of the following activities or practices:

a) Transfer, receipt, acquisition, ownership, possession, or use of Atomic
or radioactive material for medical, industrial, agricultural, and research
applications;

b) Manufacture and distribution of radioactive materials or Products
Containing radioactive materials to other licensees or persons exempt
from the requirements for a license;

c) Production of radioactive materials from particle accelerators;

d) Operation and maintenance of ionizing radiation facilities for scientific
research, industrial, and medical purposes;

©) Siting, "construction, commissioning, operation, dismantling,
decommissioning, and closure Atomic installations;

f) Transport of Atomic or radioactive materials to, within, and from the
Philippines; and,

9) Engaging in or provision of Atomic technical services.

Page 15 of 29


‘SEC. 17. Requirement for Authorization. —

a) Any person who intends to engage in any activity or practice mentioned
in the immediately preceding section shall submit an application to the
PARC indicating its intention to carry out such activity or practice in the
form and within the time limits prescribed by the PARC;

b) No authorization to acquire, own, or operate any Atomic installation and
radiation facility shall be issued to an alien, or any corporation or other
entity which is owned or controlled by an alien, a foreign corporation, or
a foreign government. For purposes of this Act, a corporation or other
entity may be granted authorization to acquire, own, or operate a Atomic
installation and radiation facility only if at least 60% of its capital stock is
‘owned by Filipino citizens.

SEC. 18. Licensing Process and Conditions for Issuance of
Authorization. — The PARC shall provide for the licensing process and the conditions
for the issuance of the appropriate authorization in the rules and regulations (IRR) to
be issued to implement this Act.

SEC. 19. Responsibilities of the Authorized Person. —

a) Any person authorized to conduct the activi
Section 16 shall have the primary responsibility for the safe and secure
conduct of those activities or practices and for ensuring compliance with
this Act and all applicable regulatory requirements and conditions of the
authorization related to those activities or practices.

b) Any person authorized to conduct activities or practices shall provide the

PARC with any requested assistance in the performance of its regulatory
functions.

©) Any person who intends to discontinue the conduct of activities so
authorized by the PARC shall duly inform the latter at least six (6) months
Prior to actual cessation of those activities or practices.

SEC. 20. Provisional Authorization. — In all cases of application for
authorization to construct a facility, if the PARC finds that, on the basis of the technical
information and data so far made available to it, there is reasonable assurance that
the proposed facility can be constructed and operated at the proposed location without
undue risk to the health, safety, and security of the public and the environment, it shall
issue the appropriate authorization to operate the facility: Provided, That in cases
where there is insufficient data or information on health, safety, and security, or if there
is a need to generate or validate such data or information, the PARC may issue a
Provisional authority to operate such facility for as iong as in its determination, there is
reasonable assurance that questions of health, safety, and security will be so resolved
as to warrant the issuance of an authorization to operate the facility: Provided,

however, That the provisional authority to operate the facility shall cover a period not
to exceed one (1) year.

Page 16 of 29


SEC. 21. Additional Requirements in Case of Atomic Installation for
Commercial Power: Exemptions.— Nothing in this Act shall be construed to exempt
the operator of an Atomic facility designed primarily for the generation of electricity for
commercial purposes from complying with other requirements provided by existing
laws, such as securing a franchise, a certificate of public convenience and necessity,
and obtaining approval for rates and services from the appropriate agency: Provided,
however, That upon certification by the PARC, importations of Atomic fuel for use in
these facilities shall be free from all taxes and duties in accordance with incentives
under the pertinent provisions of Republic Act No. 5186, otherwise known as the
“investment Incentives Act.”

SEC. 22. Inspections and Enforcement. —

a) The PARC shall implement a system of inspection of Atomic and
radiation facilities and transport based on the provisions of this Act to
verify compliance with the applicable requirements and conditions of any
authorization issued under Section 16.

b) The PARC shall implement a system of verification of the safety and
security of Atomic and other radioactive material through safety and
security assessments; monitoring and verification of compliance with any
authorization issued under Section 16; inspections; and the maintenance
of appropriate records by licensees. The verification system shall be
provided for in the regulations to be issued pursuant to this Act.

c) Where the PARC has established that any person has committed a
violation of relevant Atomic safety, security, and safeguards regulations
issued under this Act, the conditions of an authorization issued under
Section 16, or other requirements that do not constitute a criminal
offense under Sections 59 and 60 of this Act, it may impose by order
any of the following penalties in conformity with the proceedings provided
for in Section 23: suspension, modification, and revocation of
authorization, or imposition of a civil monetary penalty.

SEC. 23. Suspension, Modification, and Revocation of Authorizations.—
Any authorization issued pursuant to this Act may be suspended, modified or revoked
by the PARC in the event of a willful violation of its conditions, when circumstances in
which the public interest, health, safety, or security so requires, when the conditions
under which it was issued are no longer complied with, or in any circumstance that
Continued activity under the authorization shall pose an unacceptable risk to people or
the environment: Provided, That the licensee shall have been accorded an opportunity
to demonstrate or achieve compliance with the requirements. In all instances, the
PARC shall provide information to the public on the procedures and requirements for
Suspension, modification, renewal, revocation or relinquishment of authorizations.

No authorization shall be transferred, assigned, encumbered, or in any manner
disposed of, either voluntarily, or involuntarily, directly or indirectly, unless the PARC
shall, after securing full information, find that such transfer, assignment, encumbrance,
or other disposition is in accordance with the purposes and provisions of this Act and
shall give its consent in writing.

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Upon the suspension, revocation, or expiration of an authorization which is not
renewed, and pursuant to PARC order, the licensee shall be required to take such
measures as may be necessary to protect the health and safety of the public-and the
environment from the harmful effects of radiation, and ensure security of radioactive
material and facilities.

Whenever practicable, the PARC may take temporary custody of any Atomic
and other radioactive material and facility held by the licensee pending their
appropriate and lawful disposition by or for the licensee.

ARTICLE 1V
RADIATION PROTECTION

‘SEC. 24. Regulation to Ensure Radiation Safety. —

a)

b)

°)

dq)

e)

The PARC shall take the appropriate steps to ensure that:

1) No activity or practice shall be authorized unless it produces
sufficient benefit to the exposed person or to the society in a
manner that offsets the radiation harm that it may cause;

2) The magnitude of individual doses, the number of persons
exposed, and the likelihood of incurring exposures shall all be kept
as low as reasonably achievable, economic and social factors
considered; and

3) No individual shall be exposed to ionizing radiation doses which
exceed prescribed national dose limits;

The PARC shall establish dose limits for persons that may not be
exceeded in conducting activities under regulatory control;

The PARC shall identify sources or practices to be exempted from
regulatory control;

The PARC shall establish clearance levels below which radioactive
material within authorized activities and practices can be released from
regulatory control;

The PARC shall ensure that authorized facilities maintain a record of
exposure of the public, patients, and of workers occupationally exposed
to ionizing radiation at their work: and

The PARC shall promulgate appropriate regulations and related
guidelines to address all issues and concams related to exposure to
ionizing radiation from natural sources.

SEC. 25. Responsibilities of Authorized Persons in Radiation Protection.

Page 18 of 29


a)

b)

c)

The authorized person shall bear the prime responsibilty for ensuring
the safety and security of the facility and of all activities and practices
associated with it;

Authorized persons shall ensure compliance with the requirements and
dose limits established by the PARC and shall ensure that radiation
doses to workers and the public, including doses from relea
environment, are as low as reasonably achievable, taking into account
social and economic factors;

Persons authorized to conduct activities utilizing ionizing radiation for
medical purposes shail ensure the overall patient protection and safety
in the prescription of, and during the delivery of, medical exposures.

ARTICLE V
EMERGENCY PREPAREDNESS AND RESPONSE

SEC. 26. Emergency Plan.— No authorization or license to conduct an activity
or practice, operate a facility or possess or use a source may be granted unless and
until an appropriate emergency preparedness and response plan has been developed
by the applicant and approved by the PARC.

SEC. 27. Emergency Preparedness and Response.-The PARC shall:

a)

b)

°c)

Develop and maintain a national emergency plan for responding to
potential Atomic or radiological emergencies;

Coordinate the task of the radiological emergency response organization
of the PARC within the framework of the National Disaster Risk
Reduction and Management Council (NDRRMC) of the Department of

National Defense in the event of a Atomic and radiological emergency;
and

Provide for the activities of an emergency response center and for an
international exchange of information on the radiation situation,
Consistent with the Philippines’ obligations under the Convention on
Early Notification of a Atomic Accident and the Convention on Mutual
Assistance in the Case of a Atomic Accident or Radiological Emergency.

ARTICLE VI

TRANSPORT OF ATOMIC AND OTHER RADIOACTIVE MATERIAL

SEC. 28. Regulation in the Transport of Atomic and Other Radioactive
Material. — The PARC shall establish and implement safety and security requirements
for the transport of Atomic and other radioactive material to, from and within the
jurisdiction of the Philippines consistent with the International Atomic Energy Agency
(IAEA) regulations for the safe and secure transport of radioactive material.

SEC. 29. Requirements for Authorizatio1

— No person shall engage in the

transport of radioactive material without an authorization issued by the PARC.

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ARTICLE VII
IMPORT AND EXPORT OF ATOMIC
AND OTHER RADIOACTIVE MATERIALS

SEC. 30. Export or Import Control. — The PARC shall:

a) Establish regulatory requirements and relevant guides for the exportation
and importation of Atomic and other radioactive materials which require
licensees, inter alia to:

1) Secure an authorization from the PARC prior to exportation or
importation with the assurance of applying safeguards and physical
protection measures to protect public health, safety and security;

2)

Ensure before importation that the exporter has an authorization from
the competent authority of the exporting country to export such
materials to the Philippines in accordance with laws and regulations of
that country; and

3) Ensure before exportation that the importing country has the necessary
and appropriate technical and administrative capability, resources and
regulatory infrastructure to ensure the safe and secure management of
the requested Atomic and other radioactive material, particularly
disused sources.

b) Coordinate with relevant agencies of government and establish appropriate
formal mechanisms for coordination to effectively implement these
import and export control measures for Atomic and other radioactive
material including devices that produce ionizing radiation.

ARTICLE VIII
MANAGEMENT OF SPENT ATOMIC FUEL AND OTHER
RADIOACTIVE WASTE

SEC. 31. Regulation of Radioactive Waste and Spent Atomic Fuel
Management. ~ To ensure the safe and secure management of radioactive waste and
‘spent fuel, the PARC shall establish:

a) Applicable safety and security requirements and regulations for the
protection of people and the environment from adverse impacts of
radioactive waste and spent fuel management activities;

b) A system of authorization of radioactive waste and spent fuel
management activities;

©) A system of regulatory inspection, documentatio
radioactive waste and spent fuel management activi
of disposal, a system of institutional control; and

and reporting for
ies, and in the case

Page 20 of 29


d) A system of enforcement to ensure compliance with applicable
regulations and the terms and conditions of authorizations for radioactive
waste and spent fuel management activities.

ARTICLE IX
SAFEGUARDS, PHYSICAL PROTECTION, AND SECURITY

SEC. 32. Safeguards. - The PARC shall:

a) Maintain a system of accounting for and control of Atomic materials and
establish requirements thereon;

b) Fulfill the Philippines’ obligation to the Non-Proliferation Treaty, the
‘Safeguards Agreement, and related international treaties, conventions,
agreements and protocols thereto;

¢) Ensure unimpeded access by designated IAEA inspectors and duly
authorized representatives of the Philippine government agencies to any
location or facility provided for under the Safeguards Agreement and any
protocols thereto, with a view to conducting the verification activities
authorized by these instruments; and

4) Ensure full cooperation and support to the IAEA by all national government
agencies and authorized persons in the application of safeguards
measures.

SEC. 33. Physical Protection and security of Atomic and other radioactive
material. — The PARC shall:

a) Issue regulations to implement effective measures to prevent, detect, and
respond to unauthorized acts involving Atomic and other radioactive
material that may cause injury to persons, property or the environment or
otherwise jeopardize national security;

b)

Establish requirements for the physical protection of Atomic material, in
accordance with the provisions of this Act, and in compliance with the
country's obligations as a party to the Convention on the Physical Protection
of Atomic Material, the Amendment thereto, and other international treaties
and conventions;

Issue regulations for the protection of individuals, communities and the
environment from the deleterious effects of radioactive sources;

c|

d)

Coordinate with the relevant agencies of government and seek international
cooperation to effectively implement these security measures.

ARTICLE X
ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW

SEC. 34. Notice and Conduct of Hearing. —

Page 21 of 29


In any proceeding for the grant, suspension, revocation or amendment of any
authorization, or upon the issuance of an order, the PARC shall hold a hearing upon
the request of any person whose interest may be affected and shall admit such person
as a party to the proceeding.

The hearings of the PARC may be open to the public and relevant stakeholders,
‘except where warranted by considerations of security, national defense, or proprietary
matters.

Except in cases where immediate action is required in order to protect the
health and safety of the public or the national interest, no order issued under Section
23 of this Act shali become effective until after the licensee has been given prior notice
for a hearing and the opportunity to be heard.

Where an order suspending, revoking or modifying an authorization, or an order
issued under Section 23 is made effective without prior notice for a hearing and
‘opportunity to be heard, the order shall only be temporary pending the hearing and
issuance of the-PARC's final decision in the proceeding.

SEC. 35. Orders and Decisions. — All orders and decisions of the PARC shall
be in writing, stating clearly and distinctly the facts and issues involved and the reasons
on which the PARC’s order or decision is based. Such order and decisions shall be
made available to the public.

SEC. 36. Judicial Review. — The Court of Appeals shall have the power of
judicial review over any final order or decision of the PARC rendered under Section
35 of this Act and shall modify or set aside such order or decision when it clearly
appears that there was no evidence before the PARC to support reasonably such
order or decision, or that the same is contrary to law. Any such final decision or order
may be reviewed by the Court of Appeals on the application of any party or other
person affected thereby, by certiorari in appropriate cases, or by petition for review, in
accordance with the Rules of Court, within such period as the PARC may rule or
prescribe but not exceeding thirty (3C) days from notice of such order or decision. An
appeal shall not suspend the grant of authorization, but shall maintain the suspension
or revocation of authorization until after the final disposition of the appeal by the Court
Of Appeals, unless said Court determines otherwise. Only questions of law on such
order or decision may be reviewed by the Supreme Court.

SEC. 37. Notice of Regulation. — No regulation adopted by the PARC shall be
effective less than fifteen (15) days after publication of the regulation in any newspaper
of general circulation, except, that if the PARC finds that health, safety, and security
considerations or the national interest require otherwise, the regulation may be made
effective immediately upon publication in the Official Gazette, or in a newspaper of
general circulation, or upon furnishing copies of the regulation to the persons affected.

‘SEC. 38. Incident Reports. — No report by any licensee of any incident arising
out of or in connection with authorized activities made pursuant to any requirement of

the PARC shall be admitted as evidence in any suit or action for damages growing out
of any matter mentioned in such report.

Page 22 of 29


ARTICLE XI
CIVIL LIABILITY FOR ATOMIC AND RADIATION DAMAGE

SEC. 39. Liability of the Operator. ~The operator shall be liable for Atomic
damage upon proof that such darnage has been caused by a Atomic incident under
the following circumstances:

a)

b)

°c)

co)

e)

When the incident occurred in the operator's Atomic installation;

When the incident involved Atomic material which came or originated
from the operator's Atomic installation, and occurred in either of the
following circumstances:

1) before liability with regard to Atomic incidents involving the Atomic

material has been assumed, pursuant to the express terms of a
contract in writing, by another installation operator; or

2) in the absence of such express terms, before another installation
operator has taken charge of the Atomic material.

When the incident involved Atomic material sent to the operator's Atomic
installation, and occurred in either of the following circumstances:

1) _ after the liability with regard to Atomic incidents involving the Atomic
material has been assumed by the operator pursuant to the express
terms of a contract in writing, from another installation operator; or

2) inthe absence of such express terms, after the operator has taken
charge of the Atomic material: Provided, That if Atomic damage is
caused by a Atomic incident that occurred in a Atomic installation
and which involved Atomic material stored therein incidental to the
carriage of such material, the provisions of paragraph (a) of this
Section shall not apply where another installation operator or
Person is solely liable pursuant to the provisions of paragraph (b)
or (c) of this Section.

Any provision in this Section to the contrary notwithstanding, the

installation operator shall be liable for Atomic damage upon proof that

such damage has been caused by a Atomic accident involving Atomic
material in the course of carriage either to a Atomic installation located
in the territory of a State not party to an intemational convention on civil
liability for Atomic damage to which the Philippines is a party; or when
the Atomic material was being transported from the Philippines to an

operator in another country that is a Contracting Party to the Vienna
Convention.

For the purpose of this Act, whenever the damage, whether it was
caused purely by a Atomic incident or by a Atomic incident and one or
more other occurrences, such other damage shall, to the extent that it is
not reasonably separable from the Atomic damage, be deemed to be

Page 23 of 29


Atomic damage caused by that Atomic incident. Where the damage is
caused both by Atomic incident covered by this Section and by an
‘emission of ionizing radiation not covered by it, nothing in this Section
shall limit or otherwise affect the liability, either as regards any persons
suffering Atomic damage or by way of recourse or contribution of any
person who may be held liable in connection with that emission of
ionizing radiation.

SEC. 40. Absolute and Exclusive Liability. —

a) The liability of the installation operator for Atomic damage shall be
absolute.

b) The installation operator shall not be liable for Atomic damage caused
by a Atomic incident directly due to a grave natural disaster of an
exceptional character.

c) Except as otherwise provided in this Act, no person other than the
installation operator shall be liable for Atomic damage.

SEC. 41. Recourse Actions. — The installation operator shall have a right of
recourse only:

a) If there is such a right pursuant to the express provision of a written
contract with the other installation operator; or

b) If the Atomic incident results from an act or omission done with intent to
cause damage against the individual who has acted or omitted to act
with such intent.

SEC. 42. Gross Negligence or Intentional Act of Claimant. — If the Atomic
damage resulted wholly or partly either from the gross negligence of the person
suffering the damage or from an act or omission of such person done with intent to
cause damage, the Court may relieve the installation operator from the obligation to
Pay compensation in respect of the damage suffered by such person.

SEC. 43. Exceptions to Liability. An installation operator shall not be liable

for any Atomic damage caused by a Atomic accident directly due to hostilities, armed
conflict, civil war or insurrection.

SEC. 44. Limit of Liability. ~The liability of the installation operator for Atomic
damage under this Act shall be limited to an amount in Philippine pesos which is
equivalent to 300 million Special Drawing Rights (SDRs) for any one Atomic incident,
exclusive of interest or costs which may be awarded by the Court in actions for
compensation of such Atomic damage. The amount may be subject to change, as

determined by the PARC, in accordance with international conventions ratified by the
Philippines.

‘ SEC. 45. Exemption from Liability. — The installation Operator shall not be
liable under this Act for Atomic damage either to the Atomic installation itself or to any

Page 24 of 29


property on the site of that installation which is used or to be used in connection with
that installation, or to the means of transport upon which the atomic material involved
was located at the time of the Atomic incident.

SEC. 46. Exclusions. ~The PARC may, if it determines that the small extent
of the risk involved so warrants, exclude by regulation any small quantity of Atomic
material from the application of the provisions in this Article XIII: Provided, That
maximum limits for the exclusion of such quantities have been established by the
Board of Governors of the International Atomic Energy Agency: Provided, further, That
any exclusion must be within the limits so established.

SEC. 47. Certificate to Carrier. -In accordance with such regulations as the
PARC may issue, the appropriate installation operator shall provide the carrier, which
furnishes carriage of Atomic material, with a certificate issued by or on behalf of the
insurer or other financial guarantor furnishing the financial security.

‘SEC. 48. Liability of Several Installation Operators. — Where Atomic damage
engages the liability of more than one installation operator, the following rules shall
apply:
a) In so far as damages attributable to each installation operator are not
reasonably separable. the installation operators involved shall be jointly
and severally liable;

b) In case the Atomic incident occurs in the course of carriage of Atomic
material, either in one and the same means of transport, or, in the case
of storage incidental to the carriage, in one and the same Atomic
installation, and causes Atomic damage which engages the liability of
more than one installation operator, the total liability shall not exceed the
highest amount applicable with respect to any of the concerned
operators, and in accordance with Section 44 of this Act; and

c) In neither of the cases referred to in paragraphs (a) and (b) of this
Section shall the liability of any one installation operator exceed the
amount established in Section 44 hereof.

SEC. 49. Operator of Several Installations.-Subject to the provisions of
Section 48, where several Atomic installations of one and the same installation
‘operator are involved in one Atomic incident, such installation operator shall be liable
in respect to each Atomic installation involved, up to the amount applicable provided
in Section 44 of this Act..

SEC. 50 Carrier or Handler of Atomic Material as Installation Operator. —
The PARC may, subject to such terms and conditions as it may subscribe by regulation
or order, designate a carrier of Atomic material or a person handling radioactive waste,
upon the carrier's request and with the consent of the installation operator concemed,
as installation operator in the place of the installation operator in respect of such
Atomic material or radioactive waste, respectively. Upon such designation, such

carrier or such person shall be considered as an installation operator for the purpose
of this Section.

Page 25 of 29


SEC. 51. Court Having Jurisdiction. The Regional Trial Court having
jurisdiction over the place where the Atomic incident occurs shall have jurisdiction to
determine claims for compensation for such Atomic damage under this Act.

SEC. 52. Intervention of PARC in Court Proceedings. When, after the
occurrence of a Atomic incident, it appears that the Government will have to pay
indemnity, the Court having jurisdiction over the claims for compensation arising from
the Atomic incident, shall, at any time before final judgment, allow the PARC, upon its
petition, to intervene in the proceedings with respect to technical issues.

SEC. 53. Compulsory Processes. —After the occurrence of a Atomic incident
for which it appears compensation may be payable under this Act, the PARC may
adopt such measures as may be appropriate to determine the persons who were or
might have been exposed to ionizing radiation resulting from such Atomic incident,
which measures may include a summons to such persons to submit themselves to
examination before such authority or body as shall be designated by the PARC within
three (3) months from the date of summons. In determining the amount of damages
or the right to recover damages, the Court may, in its discretion, take into account the
inexcusable failure of the claimant to fuffll or comply with the foregoing obligation.

SEC. 54. Investigation of Atomic Incidents. - The PARC shall investigate the
cause and extent of any Atomic incident for which it appears compensation may be

payable under this Act, and its finding shall be made available to the public, to the
parties involved, and to the Courts.

ARTICLE Xi
TRANSITORY PROVISIONS

SEC. 55. The Philippine Atomic Research Institute.

a) The Philippine Atomic Research Institute (PARI) shall be the scientific
‘Atomic organization in the country and continue its mandate to foster
Atomic research and development, including Atomic safety research,
Pursuant to the objectives of Executive Order No. 128, series of 1987.
Likewise, it shall continue to function as one of the research and
development institutes of the Department of Science and Technology.

b) The regulatory function of the PARI is hereby transferred to the PARC;

c) The regulatory functions of the PARI which were inherited from the
former Philippine Atomic Energy Commission by virtue of Republic Act
No. 2067, as amended, and Republic Act No. 5207, as amended,
Executive Order No.128 and Executive Order No.366, are deemed
transferred to the PARC.

d) The development, promotion, and use of Atomic energy for peaceful
applications shali remain the responsibilty of the Institute, whereupon
the Director of the institute shall, in coordination with the DBM, draw up
its new organizational structure in accordance with law and civil service
rules and regulations;

Page 26 of 29


) Previous regulatory issuances — all regulations, rules, orders previously
established by the PARI shall remain in force until superseded by the
PARC by appropriate orders or issuances.

SEC. 56. The Center for Device Regulation, Radiation, Health and
Research. ; it
a) The regulatory functions of the Center for Device Regulation, Radiation,
Health and Research (CDRRHR) of the Department of Health (DOH)
over devices generating ionizing radiation by virtue of Republic Act No.
9711 otherwise known as “The Food and Drug Administration Act of
2009", are deemed transferred to the PARC.

b) This Act shall in no way prevent the DOH or its line agencies from
imposing additional requirements for the regulation of medical and
health-related devices in the interest of public health and safety as
provided for by law.

c) The administrative supervision of the CDRRHR shall remain with the
DOH.

d) All regulations, rules, orders pertaining to ionizing radiation previously
established by the CDRRHRR shall remain in force until superseded by
the PARC.

SEC. 57. Human Resources. — All plantilla positions of the Atomic Regulatory
Division of the PARI, DOST are hereby transferred to the PARC. Thereafter, all
powers, functions and duties, records, files, and assets pertaining to regulation of
Atomic and radioactive materials and facilities of the PARI shall be transferred to the
PARC. All plantilla positions of the Radiation Regulation Division of the Center for
Device Regulation, Radiation, Health and Research (CDRRHR) of the DOH which
have responsibilities solely in ionizing radiation regulation are also hereby transferred
to the PARC. Thereafter, all powers, functions and duties, records, files, and assets of
these organizational units shall be transferred to the PARC.

Republic Act No. 6656, otherwise known as the Government Reorganization
Act, shall govern the reorganization of the affected personnel of the Atomic Regulatory
Division of the PARI and the Radiation Regulation Division of the CDRRHR.

There shall be no diminution of rank, salaries, allowances and benefits of all
Personnel transferred to the PARC. In case of a difference in the above benefits
between the transferred employees of the two agencies, the higher amount shall be
adopted. New employees of the PARC shall be entitled to the same allowances and
benefits as the transferred employees.

The Commission shall draw up its organizational structure with the necessary
qualification requirements and standards in accordance with the Civil Service Law,
rules and regulations for approval of the DBM within three (3) months upon submission
with the Civil Service Commission (CSC).

Page 27 of 29


SEC. 58. Magna Carta for Science and Technology Personnel. = Qualified
employees of the PARC and its attached units shall be covered by Republic Act No.
8439, otherwise known as the “Magna Carta for Scientists, Engineers, Researchers
and other S & T Personnel in the Government.”

ARTICLE Xill
PENAL PROVISIONS

SEC. 59. Violation of Specific Provisions of the Act. — Any person who
willfully violates, attempts to violate, or conspires to violate, any provision of Section
16 of this Act shall upon conviction thereof, suffer the penalty of imprisonment of not
more than five (5) years or a fine ranging from One million pesos (PHP 1,000,000.00)
to Five million pesos (PHP 5,000,000.00), or both.

SEC. 60. Violation of Other Provisions of this Act. — Any person who wilfully
violates, attempts to violate, or conspires to violate any provision of this Act for which
no penalty is specifically provided, or of any regulation, order or authorization issued
under this Act shall, upon conviction thereof, suffer the penalty of imprisonment of not
more than two (2) years or a fine of not more than Five hundred thousand pesos (PHP
500,000.00), or both.

ARTICLE XIV
FINAL PROVISIONS

SEC. 61. Appropriations. - The amount necessary to cover the initial
implementation of this Act shall be charged against the current year’s appropriations
of the Atomic Regulatory Division of the PARI and the Radiation Regulation Division
of the CDRRHR responsible in ionizing radiation regulation. Thereafter, such sums as
may be necessary for the continued implementation of this Act shall be included in the
annual General Appropriations Act.

In addition, the PARC is authorized to receive contributions, grants, bequests,
gifts, and donations, in cash or in kind, whether from local or foreign sources: Provided,
That acceptance of grants, bequests, contributions, and donations from foreign
governments shall be subject to the approval of the President of the Philippines, upon
the recommendation of the Commissioner of the PARC and the Secretary of the
Department of Foreign Affairs (DFA).

” ‘SEC. 62. Implementing Rules and Regulations. — The PARC, in consultation
with the DOST, DBM and the CSC shall issue within one hundred eighty (180) days

from the effectivity of this Act, the rules and regulations necessary to effectively
implement its provisions.

SEC. 63. Separability Clause. —if any provision of this Act shall be declared

unconstitutional or invalid, the other provisions not otherwise affected shall remain in
full force and effect.

SEC. 64. Repealing Clause. —The pertinent provisions of Republic Act No.
2067, otherwise known as the Science Act of 1958, as amended, Republic Act No.
5207, otherwise known as the Atomic Energy Regulatory and Liability Act of 1968, as

Page 28 of 29


amended, Republic Act No. 9711 otherwise known as the Food and Drug
Administration Act of 2009, Executive Order No. 128 Series of 1987 on Reorganizing
the National Science and Technology Authority are hereby repealed. All other laws,
executive orders, proclamations, rules, regulations, and other issuances or parts

thereof which are inconsistent with the provisions of this act are hereby repealed or
amended accordingly.

SEC. 65. Effectivity. This Act shali take effect fifteen (15) days from its
publication in the Official Gazette or in a newspaper of general circulation.

Approved.

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