Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

~ 7191
HOUSE BILL NO.

Introduced by Representative Sharon S. Garin

EXPLANATORY NOTE

This bill seeks to institute an independent regulatory framework that will decide
on issues affecting public health and safety protection of the environment and nuclear
security and safeguards.

In 1958, the Philippine Atomic Energy Commission (PAEC) was created by virtue
of Republic Act No. 2067 to conduct or cause the performance of research and
development relating to nuclear science. When the government decided to pursue
the nuclear power option ten years later, Republic Act No. 5207, also known as the
“Atomic Energy Regulatory and Liability Act” was enacted to provide the licensing and
regulation of atomic energy facilities and materials, and also to establish the rules on
liability for nuclear damage and other purposes.

In 1987, the PAEC was transformed into the Philippine Nuclear Research
Institute (PNRI), attached to the Department of Science and Technology by virtue of
Executive Order No. 128. The PNRI is mandated to undertake research and
development activities in the peaceful uses of nuclear energy, license and institute
regulations on these uses, and carry out the enforcement of regulations to protect the
health and safety of radiation workers and the general public.

Given these dual functions, there are growing concerns on whether PNRI can
be objective in regulating all nuclear materials and activities for peaceful purposes in
the country. The International Atomic Energy Agency (IAEA), to which the Philippines
is a member, provides that “where several authorities are involved, the government
shall specify clearly the responsibilities and functions of each authority within the
governmental, legal, and regulatory framework for safety.” The IAEA also requires


governments to establish and maintain a regulatory body that is effectively
independent in its decision-making.

Moreover, the Center for Device Regulation, Health and Research of the Food
and Drug Administration (FDA-CDRHR), which was created by virtue of Republic Act
No. 9711, is tasked to control and regulate x-rays and other electronically-generated
radiation devices. Currently, the Philippines has two regulatory bodies dealing with
ionizing radiation: the PNRI which regulates nuclear and radioactive materials, and
the FDA-CDRHR which regulates x-rays and devices producing electrically-generated
radiation.

Apparently, there is a need to establish a single agency which complies with
internationally acceptable practices and ensures that the Philippines adheres to its
obligations and commitments under international agreements. Additionally, the single
nuclear regulatory body will rationalize and harmonize the regulatory functions of the
PNRI and FDA-CDRHR.

During the Seventeenth Congress, the House of Representatives had approved
on Second Reading the House Bill No. 8733, also known as the “Comprehensive
Nuclear Regulation Act,” which aims to establish a comprehensive nuclear regulatory
framework and create the Philippine Nuclear Regulatory Commission (PNRC). Under
the proposed bill, the PNRC will be an independent nuclear regulatory body that will
focus on the control of peaceful uses and application of nuclear energy. However, it
was not approved.

This proposed measure seeks to create the Philippine Nuclear Regulatory
Commission to carry out an independent regulatory framework that will observe
nuclear safeguards, and regulate complex nuclear technologies and processes, beyond
the influence of entities with self-motivated interests. Such establishment of
autonomy will make the public more supportive of the application of nuclear
technologies.

In view of the foregoing, the immediate approval of this bill is earnestly sought.



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO.~ 7193

Introduced by Representative Sharon S. Garin

AN ACT
INSTITUTING A COMPREHENSIVE NUCLEAR REGULATORY FRAMEWORK,
CREATING THE PHILIPPINE NUCLEAR REGULATORY COMMISSION AND
APPROPRIATING FUNDS THEREFOR

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

ARTICLE I

GENERAL PROVISIONS
SECTION 1. Short Title. — This Act shall be known as the “Comprehensive Nuclear
Regulation Act.”
SEC, 2. Declaration of Policy. — \t is hereby declared to be the policy of the State
to:
(a) Harness the peaceful use of nuclear energy that provides important benefits in
health and medicine, energy production, scientific research, agriculture, industry, and
education;
(b) Recognize and protect the people and the environment from the potentially
harmful effects of ionizing radiation resulting from improper use, accidents or malicious
acts; and
(c) Manage radioactive waste in a manner that protects current and future

generations from undue impacts.


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SEC. 3. Objectives. — The following are the objectives of this Act:
(a) Provide a legal framework to:
(1) Regulate and control the peaceful use of radiation sources, nuclear, and other
radioactive materials;
(2) Prevent, detect, and respond to unauthorized acts involving nuclear material,
other radioactive sources, or associated facilities that may cause injury to persons,
property, environment, or otherwise jeopardize national security; and
(3) Protect public health and safety and the environment against the harmful
effects of ionizing radiation, and for the safety and security of radiation sources;
(b) Establish the Philippine Nuclear Regulatory Commission, hereinafter referred to
as the Commission, created under Section 6 of this Act; and
(c) Enable the Philippines to fulfil its obligations under relevant international
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 Atomic Energy Agency (IAEA) for the application of
safeguards in connection with the NPT or 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.
SEC. 4. Scope. - This Act applies to all activities and practices involving ionizing
radiation sources, nuclear and other radioactive materials, facilities and radiation
generating equipment excluding activities or practices involving exposures that have
been exempted from regulatory control through regulations established by the
Commission.
SEC. 5. Definition of Terms. — As used in this Act:

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

(b) Authorization refers to a written permission in the form of notification,


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registration, or license granted by the Commission to a person who has submitted an
application involving production, possession, use, import, transport, transfer, handling,
and management of nuclear and radioactive materials and facilities, and ionizing
radiation generating equipment;

(c) 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 include reducing the
levels of residual radionuclides in the materials and on the site of the facility so that
the materials can be safely recycled, reused, or disposed of as exempt waste or as
radioactive waste and the site may be released for unrestricted use or otherwise
reused;

(d) 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 to
serve as basis for the development of other plans, procedures and checklists;

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

(f) 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;

(g) Exclusion refers to the deliberate exclusion of a particular category of
exposure from the regulatory control of the Commission on the grounds that it is not
considered amenable to control through the regulatory instrument in question;

(h) | Exemption refers to the determination by the Commission that a
source or practice need not be subject to some or all aspects of regulatory
control on the basis that the potential exposure to the source or practice is
too small to warrant the application of some or all aspects of regulation or
that this is the optimum option for protection irrespective of the actual level
of the doses or risks;

(i) Facilities refer to nuclear installations or radiation facilities in


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which people may be exposed to ionizing radiation that includes uranium
mining and raw material processing facilities, enrichment and fuel
manufacturing plants, nuclear power plants, research reactors and critical
assemblies, | spent fuel reprocessing plants, radioactive waste
management facilities, radiation-generator installations and facilities,
irradiation installations, nuclear and radiation facilities for medical,
industrial, research, and education purposes, and such other facilities as
the Commission shall determine from time to time;

() Installation operator refers to any person or entity licensed or authorized to

undertake the operation of a nuclear or radiation facility;

(k) Ionizing radiation refers to electromagnetic or particulate radiation capable of

pairs directly or indirectly;

() Ionizing radiation sources refer to nuclear and other radioactive materials

facilities and radiation generating equipment;

(m) License refers to a legal document issued by the Commission granting

authorization to perform specified activities related to facilities or activities as provided
in Section 18 of this Act;

(n) Licensee refers to the authorized person who is a holder of a valid license issued
by the Commission to perform specified activities related to facilities or activities as
provided in Section 18 of this Act;

(0) Nuclear 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;

(p) | Nuclear damage refers to loss of life, any personal injury which includes any
physical or mental injury, sickness or disease, death whether caused directly by a
physical trauma or otherwise, 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 nuclear fuel or radioactive products or any
waste in, or of nuclear materials coming from, originating in, or sent to, a nuclear
installation or from the ionizing radiation emitted by any other sources of radiation
inside a nuclear installation;


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(q) Nuclear incident refers to any occurrence or series of occurrences having the
same origin which creates a grave and imminent threat of causing nuclear damage
irrespective of preventive measures in place;

(1) Nuclear installation refers to any of the following:

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

(2) Aplant for preparing or storing fuel for use in a nuclear reactor as described in
paragraph (1);

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

(4) A facility for production of radioisotopes with an activity that is greater than the
activity level prescribed by regulations made for the purposes of law and this section;
and

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

(s) | Nuclear material refers to:

(1) Nuclear fuel, other than natural uranium and depleted uranium,
capable of producing energy by a self-sustaining chain process of nuclear
fission outside a nuclear 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, and any material containing one or more of
the foregoing;

(t) | Nuclear 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 nuclear 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;


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(u) Nuclear safety refers to the achievement of proper operating conditions of
nuclear installations, proper handling and use of nuclear material, prevention of
accidents or mitigation of consequences of accidents resulting in protection of workers,
the public, and the environment from undue radiation hazards;

(v) | Physical protection refers to technical and organizational measures for
protection from nuclear material or authorized facilities designed to prevent
unauthorized access to nuclear installations, nuclear materials and other radioactive
materials;

(w) 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 existing sources, so as to increase the exposure or the
likelihood of exposure of people, or the number of people exposed;

(x) Radiation facility refers to a facility that utilizes radioactive materials, particle
accelerator facility, and other such facility that the Commission may determine from
time to time;

(vy) Radiation generating equipment or radiation generator refers to a device that
generates ionizing radiation when energized such as X-ray generating equipment, or
that would, if assembled or repaired, be capable of producing ionizing radiation when
energized, or any similar equipment as the Commission may determine from time to
time;

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

(aa) Radiation source refers to a radiation generator, or a radioactive source or other
radioactive material outside the nuclear fuel cycles of research and power reactors;
(bb) Radioactive material refers to any material designated by 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;

(cc) 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 that includes any radioactive material released if the radioactive source is
leaking or broken, excluding material encapsulated for disposal, or nuclear material


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within the nuclear fuel cycles of research and power reactors;
(dd) Radioactive waste refers to substances, objects or equipment for which no
further use is foreseen by their owner, with a radionuclide content or surface
radionuclide contamination exceeding values that would permit their discharge into
the environment;
(ee) Radionuclide refers to an unstable form of a chemical element that radioactively
decays, resulting in the emission of nuclear radiation;
(ff) 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 Commission and has complied
with the legal requirements prescribed by the Commission;
(gg) Safeguards refer to measures undertaken to ensure that the nuclear material,
non-nuclear material services, equipment, facilities, information, and certain items are
not used for the manufacture of nuclear weapons or any other nuclear explosive
devices or to further any military purpose;
(hh) Safety refers to measures intended to minimize the likelihood of accidents
involving radiation sources, nuclear material, and associated facilities;
(ii) Security refers to the prevention and detection of and response to, theft,
sabotage, unauthorized access, illegal transfer or other malicious acts involving nuclear
material, other radioactive substances or their associated facilities;
(ij). Source refers to anything that may cause radiation exposure such as emission
of ionizing radiation or release of radioactive substances or material that may be
treated as a single entity for protection and safety purposes;
(kk) Spent nuclear fuel refers to nuclear material that has been irradiated in and
permanently removed from a reactor core; and
(tl) Technical and scientific support organization refers to an external organization
or group of experts who are not part of the Commission's permanent staff from whom
it may seek advice or recommendations in the conduct of its regulatory responsibilities.
ARTICLE II
PHILIPPINE NUCLEAR REGULATORY COMMISSION

SEC. 6. Philippine Nuclear Regulatory Commission. — There is hereby created


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an independent central nuclear regulatory body to be known as the Philippine Nuclear
Regulatory Commission that shall exercise authority over all aspects of safety, security,
and safeguards involving nuclear materials and other radioactive materials, facilities,
and radiation generating equipment.

SEC. 7, Regulatory Policy. — In issuing authorizations or regulation under this Act,
the Commission shall:

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

(b) Prevent the spread of nuclear weapons and prevent nuclear or
radiological terrorism consistent with the obligations of the Philippines under relevant
international instruments;

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

(d) Ensure that operators are technically and financially qualified to engage
in the proposed activities in accordance with the requirements of this Act, rules and
regulations issued by the Commission, and financial protection to fulfill obligations on
liability for nuclear and radiation damage.

SEC. 8. Functions. - The Commission shall perform the following functions:

(a) Define, formulate, develop, and issue policies, regulations, standards,
and other issuances necessary for the efficient implementation of this Act and its
implementing rules and regulations;

(b) Issue, amend, and revoke rules, regulations and orders pertaining to the
financial capability of operators to cover liability for nuclear damage;

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

(ad) Review and assess submissions on safety and security plans from the
facility operators prior to authorization and periodically thereafter, as required;

(e) Inspect, monitor, and assess activities and practices to ensure
compliance with applicable regulations, and the terms and conditions of
authorizations;


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( Take enforcement measures as provided for under Section 23 of this Act
in the event of non-compliance with applicable regulations or the terms and conditions
of authorizations;

(g) Define exemptions and exclusions from regulatory control;

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

@ 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 nuclear and related dangerous goods;

(k) Actas the national authority on nuclear safety, security and regulatory
matters relative to the IAEA, foreign governments, relevant regional and international
organizations, including law enforcement and intelligence agencies;

0) Participate in relevant regional and international conferences related to
safety, security, and safeguards of nuclear and other radioactive materials and safety
of radiation generating equipment;

(m) Obtain advice and opinions of experts necessary to perform its functions,
including the hiring of consultants, contracting of specific projects, or establishing
technical and scientific support organizations or ad hoc advisory bodies;

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

(0) Carry out or contract research activities on radiation safety and security;

(p) 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;

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

@® Establish and maintain a national register of radiation sources;


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

i) Cooperate with the IAEA in the application of safeguards in accordance
with the Safeguards Agreement, and any protocols thereto, between 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;

(a) Establish and maintain a separate accounting system for the control of
nuclear material and a national system for the registration of licenses for nuclear
material, and 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) Acquire, own and possess real and personal properties, receive and
appropriate such sums as may be provided by law for the support of the Commission;

(w) _ Receive in trust legacies, gifts, donations for real and personal property
of all kinds, and administer the same for the benefit of the Commission in accordance
with directions and instructions of the donor or, in default thereof, in such manner as
the Commission may, in its discretion determine; and

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

SEC. 9. Other Law Enforcement Agencies, — 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 representative of the Commission when the national
security of the State is involved.

SEC. 10, Management System. — The Commission shall establish, implement, and
assess a management system that is aligned with its safety goals and contributes to
its achievement. It shall ensure that regulatory control is stable and consistent.

SEC. 11. Organizational Structure. - The Commission is headed by a commissioner
who is appointed by the President for a term of five (5) years with a rank equivalent
to an undersecretary. The commissioner is assisted by four (4) deputy commissioners


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who are appointed by the President with a rank equivalent to assistant secretary, and
who shall serve for a term of five (5), four (4), three (3) and two (2) years,
respectively. Thereafter, the successors are appointed to serve for five (5) years. The
four (4) deputy commissioners shall represent the following sectors: (a) health, (b)
energy, (c) defense and security, and (d) industry which includes research, agriculture,
and environment. The commissioner may come from any of the aforesaid sectors.
The commissioner or at least one (1) deputy commissioner must possess the necessary
scientific and technical qualifications, preferably an advanced degree in natural
sciences or engineering or a broad professional background in any of these fields.
The members of the Commission may be removed from office only for a just cause
and after due process as provided by law.
SEC. 12. Executive Director. - For the proper management and effective
implementation of the objectives of the Commission, an executive director is appointed
by the President upon the recommendation of the Commissioner. The executive
director shall perform the following functions:

(a) Coordinate and direct the activities of the staff and be responsible for
the day-to-day management of the affairs and activities of the Commission;

(b) Recommend and develop plans to achieve the Commission's objectives;
and

(@) Perform such other relevant functions necessary to implement the
provisions of this Act.
All other officials and employees of the Commission are appointed by the commissioner
subject to civil service laws, rules and regulations.
SEC. 13. Official Site of Commission. — A land 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, is allocated exclusively for the Commission. The Commission
shall establish additional offices in strategic areas as it may deem necessary. The
boundaries and technical descriptions of these land areas shall be determined by an
actual and joint group survey.
SEC. 14. Fees and Charges. - The Commission is authorized to charge and collect


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reasonable fees in the performance of its regulatory functions. Such fees is imposed
by regulation on the basis of the published criteria as the Commission deems
appropriate. The fees and charges collected is 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, Series of 1987.

SEC. 15. Nuclear Waste Management Fund. — A portion of the payment of the
electricity generated from the use of nuclear energy is set aside to establish a Nuclear
Waste Management Fund in view of the importance of nuclear waste disposal and
spent fuel. The fund is held in escrow and may only be utilized for the safe disposal
of the nuclear waste which includes siting research, transport, and final geological
disposal. Such payment portion is determined by the Commission based on
international practice.

SEC. 16. Technical and Scientific Support Organizations. - The Commission 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 Commission's regulatory decision making. Any advice offered
shall not relieve the Commission of its responsibilities under this Act, other relevant
laws, and applicable regulations.

SEC. 17. Establishment of an Advisory Board. — There is hereby established an
advisory board to assist and advise the commissioners on safety and security matters
arising from the use of nuclear and radioactive materials and from the operation of
nuclear installations and radiation facilities, and on regulations applicable to such
authorizations, The advisory board is composed of not more than twelve (12)
members as follows:

(a) Secretary of Science and Technology, as chairperson;

(b) Secretary of Health, as vice chairperson;

(c) Secretary of Energy;

(d) Secretary of Environment and Natural Resources;

(e) Secretary of National Defense;

(f) Secretary of Trade and Industry;

(g) Secretary of Agriculture; and


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

The advice of the Advisory Board shall not be disregarded by the Commission in its
decisions or resolutions: Provided, That the decision of the Commission prevails. The

Commission is ultimately accountable for its decisions and actions,
The Advisory Board may be convened anytime by the chairperson, or upon the request.
of the Commission.

ARTICLE III
REGULATION AND AUTHORIZATION OF NUCLEAR INSTALLATIONS AND
RADIATION FACILITIES

SEC. 18. Activities Subject to Authorization. — A person or organization is
required specific authorization issued by the Commission to conduct any of the
following activities or practices:

(a) Transfer, receipt, acquisition, ownership, possession, or use of nuclear 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;

(©) Production of radioactive materials from particle accelerators;

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

(e) Siting, construction, commissioning, operation, dismantling, decommissioning,
and closure of nuclear installations;

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

(g) — Engaging in or provision of nuclear technical services.

SEC. 19. 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 Commission indicating its intention to carry out such activity or
practice in the form and within the time limits prescribed by the Commission.

(b) No authorization to acquire, own, or operate any nuclear installation and


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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 nuclear installation and radiation facility only if at least 60%
of its capital stock is owned by Filipino citizens.

SEC. 20. Licensing Process and Conditions. — The Commission shall provide for
the licensing process and the conditions for the issuance of the appropriate
authorization in the rules and regulations to be issued to implement this Act.

SEC. 21. Responsibilities of the Authorized Person. — (a) Any person authorized
to conduct the activities or practices specified in Section 18 of this Act 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
Commission with any requested assistance in the performance of its regulatory
functions.

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

SEC. 22. Provisional Authorization. — In all cases of application for authorization
to construct a facility, if the Commission 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 may be constructed and operated at the proposed location
without undue risk to the health, safety, and security of the public and the
environment, the Commission shall issue the appropriate authorization to operate the
facility, 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
Commission may issue a provisional authority to operate such facility for as long as in
its determination, there is reasonable assurance that questions of health, safety, and
security may be so resolved as to warrant the issuance of an authorization to operate
the facility. The provisional authority to operate the facility shall cover a period not to


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exceed one (1) year.

SEC. 23. Additional Requirements in Case of Nuclear Installation for
Commercial Power, Exemptions. — Nothing in this Act is construed to exempt the
operator of a nuclear 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. Upon
certification by the Commission, importations of nuclear fuel for use in these facilities
is free from all taxes and duties in accordance with incentives under the pertinent
provisions of Republic Act No, 5186, as amended, otherwise known as the “Jnvestment
Incentives Act.”

SEC. 24. Inspections and Enforcement. —(a) The Commission shall implement a
system of inspection of nuclear and radiation facilities and transport in accordance
with the applicable requirements and conditions of any authorization issued under
Section 18 of this Act.

(b) | The Commission shall implement a system of verification of the safety and
security of nuclear and other radioactive material through safety and security
assessments, monitoring and verification of compliance with any authorization issued
under Section 18 of this Act, and inspections and maintenance of appropriate records
of licensees. The verification system is provided for in the regulations to be issued
pursuant to this Act.

(c) | After due notice and hearing, the Commission may suspend, modify or revoke
the authorization and impose a fine or penalty in an amount to be prescribed by the
Commission whereby it was established that any person has committed any violation
of relevant nuclear safety, security, and safeguard regulation issued under this Act,
any condition of an authorization issued under Section 18 of this Act, or any other
requirement that does not constitute a criminal offense under Section 61 of this Act.
SEC. 25. Suspension, Modification, and Revocation of Authorization. —Any
authorization issued pursuant to this Act may be suspended, modified or revoked by
the Commission in the event of a willful violation any of its conditions, when
circumstances in which the public interest, health, safety, or security so require, when


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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 is
accorded an opportunity to demonstrate or achieve compliance with the requirements.
In all instances, the Commission shall provide information to the public on the
procedures and requirements for suspension, modification, renewal, revocation or
relinquishment of authorizations.
No authorization is transferred, assigned, encumbered, or in any manner disposed of
directly or indirectly without the written consent of the Commission. The Commission
shall give its consent upon showing that the transfer, assignment, encumbrance, or
other disposition is in accordance with the purposes and provisions of this Act.
Upon the suspension, revocation, or expiration of an authorization which is not
renewed, and pursuant to the order of the Commission, the licensee is 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 Commission may take temporary custody of any nuclear
and other radioactive material and facility held by the licensee pending their
appropriate and lawful disposition by or for the licensee.
ARTICLE IV

RADIATION PROTECTION

SEC. 26. Regulation to Ensure Radiation Safety. — The Commission shall

promulgate appropriate regulations and related guidelines to address all issues and

concerns related to exposure to ionizing radiation, and ensure the following:

(a) No activity or practice is 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. After careful consideration of economic and social factors, 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. No individual is allowed
to be exposed to ionizing radiation doses which exceed prescribed national dose limits;
(b) Establish dose limits for persons that may not be exceeded in conducting


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activities under regulatory control;

(c) Identify sources or practices to be exempted from regulatory control.

(d) _ Establish clearance levels below which radioactive material within authorized
activities and practices may be released from regulatory control; and

(e) Ensure that authorized facilities maintain a record of exposure of the public,
patients, and of workers occupationally exposed to ionizing radiation.

SEC. 27. Responsibilities of Authorized Persons in Radiation Protection. —
The responsibilities of the authorized persons in radiation protection are as follows:
(a) Ensure the safety and security of the facility and of all activities and practices
associated with it;

(b) Ensure compliance with the requirements and dose limits established by the
Commission;

(c) Ensure that radiation doses to workers and the public, including doses from
releases to the environment, are as low as reasonably achievable, taking into account
social and economic factors; and

(d) Persons authorized to conduct activities utilizing ionizing radiation for medical
purposes shall 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. 28. Emergency Plan. — The authorization or license to conduct an activity or
practice, operate a facility or possess or use a source is granted only when there is an
appropriate emergency preparedness and response plan developed by the applicant
and approved by the Commission.
SEC. 29. Emergency Preparedness and Response. - The Commission shall:
(a) Develop and maintain a national emergency plan for responding to potential
nuclear or radiological emergencies;
(b) Coordinate the task of the radiological emergency response organization of the
Commission within the framework of the National Disaster Risk Reduction and
Management Council (NDRRMC) of the Department of National Defense in the event


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of a nuclear and radiological emergency; and
(c) Provide for the activities of an emergency response center and for an
international exchange of information on the radiation situation, consistent with the
obligations of the Philippines under the Convention on Early Notification of a Nuclear
Accident and the Convention on Mutual Assistance in the Case of a Nuclear Accident
or Radiological Emergency.

ARTICLE VI

TRANSPORT OF NUCLEAR
AND OTHER RADIOACTIVE MATERIAL

SEC. 30. Regulation in the Transport of Nuclear and Other Radioactive
Material. — The Commission shall establish and implement safety and security
requirements for the transport of nuclear and other radioactive material to, from and
within the jurisdiction of the Philippines consistent with the IAEA regulations for the
safe and secure transport of radioactive material.
SEC. 31. Requirements for Authorization, — Any person shall engage in the
transport of radioactive material only when there is an authorization issued by the
Commission,

ARTICLE VII

IMPORT AND EXPORT OF NUCLEAR
AND OTHER RADIOACTIVE MATERIALS

SEC. 32. Export or Import Control. - The Commission shall:
(a) _ Establish regulatory requirements and relevant guides for the exportation and
importation of nuclear and other radioactive materials which require licensees, inter
aliato:
(1) Secure an authorization from the Commission 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


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infrastructure to ensure the safe and secure management of the requested nuclear
and other radioactive material, particularly disused sources; and
(b) Coordinate with relevant agencies of government and establish appropriate
formal mechanisms for coordination to effectively implement these import and export
control measures for nuclear and other radioactive material including devices that
produce ionizing radiation.
ARTICLE VIII
MANAGEMENT OF SPENT NUCLEAR FUEL
AND OTHER RADIOACTIVE WASTE
SEC. 33. Regulation of Radioactive Waste and Spent Nuclear Fuel
Management. —To ensure the safe and secure management of radioactive waste
and spent fuel, the Commission 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;

(co) A system of regulatory inspection, documentation, and reporting for
radioactive waste and spent fuel management activities, and in the case of disposal, a
system of institutional control; and

(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. 34, Safeguards, —The Commission shall:
(a) Maintain a system of accounting for and control of nuclear materials and
establish requirements thereon;
(b) Fulfill the obligation of the Philippines to the NPT, the Safeguards Agreement,
and related international treaties, conventions, agreements and protocols thereto;
(c) Ensure unimpeded access by designated IAEA inspectors and duly authorized


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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
(d) Ensure full cooperation and support to the IAEA by all national government
agencies and authorized persons in the application of safeguards measures.
SEC. 35. Physical Protection and Security of Nuclear and Other Radioactive
Material. —The Commission shall:
(a) Issue regulations to implement effective measures to prevent, detect, and
respond to unauthorized acts involving nuclear 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 nuclear 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 Nuclear Material,
the amendment thereto, and other relevant international treaties and conventions;
(©) Issue regulations for the protection of individuals, communities and the
environment from the deleterious effects of radioactive sources; and
(d) Coordinate with relevant agencies of the government and seek international
cooperation to effectively implement all adopted security measures.
ARTICLE X

ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW
SEC. 36. Notice and Conduct of Hearing. - In any proceeding for the grant,
suspension, revocation, or amendment of any authorization, or upon the issuance of
an order, the Commission 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 Commission 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 24 of this
Act shall become effective until after the licensee has been given prior notice for a


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hearing and the opportunity to be heard.

Where an order suspending, revoking or modifying an authorization, or an order issued
under Section 25 of this Act is made effective without prior notice for a hearing and
opportunity to be heard, the order is only temporary pending the hearing and issuance
of the final decision of the Commission in the proceeding.

SEC. 37. Orders and Decisions. — A\l orders and decisions of the Commission must
be in writing, stating clearly and distinctly the facts and issues involved and the reasons
on which the order or decision of the Commission is based. Such order or decision
must be made available to the public.

SEC. 38. Judicial Review. — The Court of Appeals shall exercise the power of judicial
review over any final order or decision of the Commission rendered under Section 37
of this Act and shall modify or set aside such order or decision when it clearly appears
that there is no evidence before the Commission 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 Commission may
prescribe but not exceeding thirty (30) 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 the court determines otherwise. Only questions of law on such
order or decision may be reviewed by the Supreme Court.

SEC. 39. Notice of Regulation. — Rules or regulations adopted by the Commission
shall be effective fifteen (15) days after publication of the rule or regulation in any
newspaper of general circulation, except that if the Commission 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. 40. Incident Reports. — A report made by any licensee of any incident arising
out of or in connection with authorized activities made pursuant to any requirement


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of the Commission shall not be admitted as evidence in any suit or action for damages
growing out of any matter mentioned in such report.
ARTICLE XI

CIVIL LIABILITY FOR NUCLEAR AND RADIATION DAMAGE
SEC. 41. Liability of the Operator. — The operator is liable for nuclear damage upon
proof that such damage has been caused by a nuclear incident under the following
circumstances:
(a) When the incident occurred in the operator's nuclear installation;
(b) When the incident involved nuclear material which came or originated from the
operator's nuclear installation, and occurred in either of the following circumstances:
(1) Before liability with regard to nuclear incidents involving the nuclear 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 nuclear material.
(c) When the incident involved nuclear material sent to the nuclear installation of
the operator, and occurred in either of the following circumstances:
(1) After the liability with regard to nuclear incidents involving the nuclear material
is assumed by the operator pursuant to the express terms of a written contract, from
another installation operator; or
(2) _ In the absence of such express terms, after the operator has taken charge of
the nuclear material: Provided, That if nuclear damage is caused by a nuclear incident
that occurred in a nuclear installation and which involved nuclear 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.
(d) Any provision in this section to the contrary notwithstanding, the installation
operator is liable for nuclear damage upon proof that such damage has been caused
by a nuclear accident involving nuclear material in the course of carriage either to a
nuclear installation located in the territory of a state not party to an international
convention on civil liability for nuclear damage to which the Philippines is a party; or


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when the nuclear material was being transported from the Philippines to an operator
in another country that is a contracting party to the Vienna Convention.

(e) For the purpose of this Act, whenever the damage, whether it was caused
purely by a nuclear incident or by one or more other occurrences, such other damage
shall, to the extent that it is not reasonably separable from the nuclear damage, be
deemed to be nuclear damage caused by that nuclear incident. Where the damage is
caused both by nuclear 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 nuclear 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. 42. Absolute and Exclusive Liability. — (a) The liability of the installation
operator for nuclear damage is absolute.

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

(©) _ Except as otherwise provided in this Act, no person other than the installation
operator is liable for nuclear damage.

SEC. 43. Recourse Actions. - The installation operator is entitled to 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 nuclear incident results from an act or omission done with intent to cause
damage against the individual who acted or omitted to act with such intent.

SEC. 44. Gross Negligence or Intentional Act of Claimant. — If the nuclear
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. 45. Exceptions to Liability. — An installation operator is not liable for any
nuclear damage caused by a nuclear accident directly due to hostilities, armed conflict,

civil war or insurrection.


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SEC. 46. Limit of Liability. — The liability of the installation operator for nuclear
damage under this Act is limited to an amount in Philippine pesos which is equivalent
to 300 million Special Drawing Rights for any one nuclear incident, exclusive of interest
or costs which may be awarded by the court in actions for compensation of such
nuclear damage. The amount may be subject to change, as determined by the
Commission, in accordance with international conventions ratified by the Philippines.
For purposes of this section, special drawing right refers to the unit of account defined
by the International Monetary Fund and used by it for its own operations and
transactions;

SEC. 47, Exemption from Liability. — The installation operator is not-liable under
this Act for nuclear damage either to the nuclear installation itself or to any 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 nuclear material involved was
located at the time of the nuclear incident.

SEC. 48, Exclusions. - The Commission may, if it determines that the small extent
of the risk involved so warrants, exclude by regulation any small quantity of nuclear
material from the application of the provisions in this article. Any exclusion must be
within the maximum limits as established by the Board of Governors of the IAEA.
SEC. 49. Certificate to Carrier. — In accordance with such regulations as the
Commission may issue, the appropriate installation operator shall provide the carrier,
which furnishes carriage of nuclear material, with a certificate issued by or on behalf
of the insurer or other financial guarantor furnishing the financial security.

SEC. 50. Liability of Several Installation Operators. — Where nuclear 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) Incase the nuclear incident occurs in the course of carriage of nuclear 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 nuclear installation, and causes nuclear damage


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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 46 of this Act; and

(c) _ Inneither 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
46 hereof.

SEC. 51. Operator of Several Installations. — Subject to the provisions of Section
50, where several nuclear installations of one and the same installation operator are
involved in one nuclear incident, such installation operator is liable in respect to each
nuclear installation involved, up to the amount applicable provided in Section 46 of
this Act.

SEC. 52. Carrier or Handler of Nuclear Material as Installation Operator. —
The Commission may, subject to such terms and conditions as it may subscribe by
regulation or order, designate a carrier of nuclear material or a person handling
radioactive waste, upon the carrier's request and with the consent of the installation
operator concerned, as installation operator in the place of the installation operator in
respect of such nuclear material or radioactive waste, respectively. Upon such
designation, such carrier or such person is considered as an installation operator for
the purpose of this Section.

SEC. 53. Court Jurisdiction. — The regional trial court having jurisdiction over the
place where the nuclear incident occurs shall exercise jurisdiction to determine claims
for compensation for such nuclear damage under this Act.

SEC. 54. Intervention in Court Proceedings. — When after the occurrence of a
nuclear incident, it appears that the government needs to pay indemnity, the court
exercising jurisdiction over the claims for compensation arising from the nuclear
incident, shall, at any time before final judgment, allow the Commission, upon its
petition, to intervene in the proceedings with respect to technical issues.

SEC. 55. Compulsory Processes. — After the occurrence of a nuclear incident for
which it appears compensation may be payable under this Act, the Commission 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 nuclear incident,


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which measures may include a summons to such persons to submit themselves to
examination before such authority or body as designated by the Commission 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 fulfill or comply with the foregoing obligation,
SEC. 56. Investigation of Nuclear Incidents. — The Commission shall investigate
the cause and extent of any nuclear 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 XII

TRANSITORY PROVISIONS
SEC. 57. Philippine Nuclear Research Institute. — (a) The Philippine Nuclear
Research Institute (PNRI) shall be the scientific nuclear organization in the country
and shall continue its mandate to foster nuclear research and development, including
nuclear 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 PNRI is hereby transferred to the Commission.
(c) | The regulatory functions of the PNRI 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, Series of 1987 and
Executive Order No. 366, Series of 2004, are deemed transferred to the Commission.
(d) The development, promotion, and use of nuclear energy for peaceful
applications shall remain the responsibility of the PNRI The director of the PNRI shall,
in coordination with the DBM, draw up its new organizational structure in accordance
with law and civil service rules and regulations,
(e) Previous regulatory issuances on regulations, rules, orders previously
established by the PNRI shall remain in force until superseded by the Commission by
appropriate orders or issuances.
SEC. 58. Center for Device Regulation, Radiation, Health and Research. - (a)
The regulatory functions of the Center for Device Regulation, Radiation, Health and


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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 (FDA) Act of 2009," are deemed transferred to the
Commission.

(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 CDRRHR shall remain in force until superseded by the Commission.
SEC. 59. Human Resources. — All plantilla positions of the Nuclear Regulatory
Division of the PNRI, DOST are hereby transferred to the Commission. Thereafter, all
powers, functions and duties, records, files, and assets pertaining to regulation of
nuclear and radioactive materials and facilities of the PNRI shall be transferred to the
Commission. All plantilla positions of the CDRRHR of the DOH which have
responsibilities solely in ionizing radiation regulation are also hereby transferred to the
Commission. Thereafter, all powers, functions and duties, records, files, and assets of
these organizational units shall be transferred to the Commission.

Republic Act No. 6656, otherwise known as the Government Reorganization Act, shall
govern the reorganization of the affected personnel of the Nuclear Regulatory Division
of the PNRI 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 Commission. 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 Commission are 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 laws,
rules and regulations for approval of the DBM within three (3) months upon submission
with the Civil Service Commission (CSC).

SEC. 60. Magna Carta for Science and Technology Personnel. — Qualified


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employees of the Commission and its attached units are 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 XIII

PENAL PROVISIONS
SEC. 61. Penalty Provisions. — It is unlawful for any person to transfer, construct,
receive, own, possess, operate, import or export any nuclear installation and radiation
facility except under an authorization issued by the Commission as required by Section
18 of this Act. Any person found guilty shall suffer the following penalties:
(a) The penalty of imprisonment of six (6) months and one (1) day to six (6) years
or a fine of One million pesos (P1,000,000.00) to Two million pesos (P2,000,000.00),
or both, at the discretion of the court, shall be imposed upon any person who, without
a written authority from the Commission, shall transfer, receive, acquire, own, possess,
or use nuclear or radioactive material for medical, industrial, agricultural, and research
applications;
(b) The penalty of imprisonment of six (6) years and one (1) day to twelve (12)
years or a fine of Two million pesos (P2,000,000.00) to Five million pesos
(PS5,000,000.00), or both, at the discretion of the court, shall be imposed upon any
person who, without the written authority from the Commission, shall:
(1) Manufacture and distribute radioactive materials or products containing
radioactive materials to other licensees or persons exempt from the requirements for
a license or to any person;
(2) Produce radioactive materials from particle accelerators;
(3) Operate or maintain ionizing radiation facilities for scientific research, industrial,
and medical purposes;
(4) Lay, construct, commission, operate, dismantle, decommission, or close nuclear
installations; and
(5) Transport nuclear or radioactive materials to, within, and from the Philippines.
If the act is committed by a corporation, partnership, association or organization, the
person or persons liable shall be its employees, officers or members who directly
participated in the commission thereof.


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If the act is committed by any public official or employee, in addition to the imposition
of the penalty of imprisonment or fine, or both, the penalty of perpetual absolute
disqualification to hold public office is imposed.
ARTICLE XIV
FINAL PROVISIONS
SEC. 62. Appropriations. — The amount necessary to cover the initial
implementation of this Act shall be charged against the current year's appropriations
of the Nuclear Regulatory Division of the PNRI 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.
SEC. 63. Implementing Rules and Regulations. — Within one hundred eighty
(180) days from the effectivity of this Act, the Commission shall, in consultation with
the DOST, DBM and the CSC, issue the rules and regulations necessary to effectively
implement its provisions.
SEC. 64. Separability Clause. — If any provision of this Act is declared
unconstitutional or invalid, the other provisions not otherwise affected shall remain in
full force and effect.
SEC. 65. Amendatory Clause. — Upon approval of this Act, the pertinent provisions
of the following laws which are inconsistent with this Act are hereby amended
accordingly:
(a) Sections 5, 7, 16, 22, 27 and 29 of Republic No. 2067, otherwise
known as the “Science Act of 1958,”
(b) Section 6 of Republic Act No. 9711, otherwise known as the “Food
and Drug Administration (FDA) Act of 2009," and
(c) Section 21 of Executive Order No. 128, Series of 1987,
Reorganizing the National Science and Technology Authority.
SEC. 66. Repealing Clause. — Upon approval of this Act, Republic Act No. 5207,
otherwise known as the “Atomic Energy Regulatory and Liability Act of 1968,” as
amended by Presidential Decree No. 1484, is hereby repealed. All other laws,
executive orders, proclamations, rules, regulations, and other issuances or parts


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

SEC. 67. Effectivity.—This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,