HCUSE

FVED
REG i AUG 2016

TION UNIT

X SERV!

EXPLANATORY NOTE

‘This bill seeks to grant the formation of an independent regulatory framework that will
decide on issues affecting public health and safety, protection of the environment, and
nuclear safety standards. It aims to provide an autonomous regulatory body with
adequate authority, resources and highly trained and competent regulatory staff.

Under the proposed legislation, a new Philippine Nuclear and Radiation Safety
Commission that will build on the extensive experience, competencies and capabilities
of the previous Philippine Atomic Energy Commission (PAEC), and now Philippine
Nuclear Research Institute (PNRD, will be created. The establishment of the
Commission will harmonize with the regulatory structure in most countries and
consistent with the nation’s obligation under relevant international instruments.

Currently, the PNRI which is under the Department of Science and Technology (DOST)
is presently performing both regulatory and promotion for the peaceful use of atomic
energy. It operates nuclear facilities which are exempted from licensing by the law which
created it. Since the beginning, PNRI laboratories and nuclear facilities have never been
subjected to regulatory control and licensing to ensure that international standards of
nuclear safety are complied with,

Bureau of Health Devices and Technology (BHDT) under the Department of Health
(DOH), on the other hand, was created to control and regulate x-rays and other
electrically generated radiation devices, among others. ‘The efficient implementation of
radiation services and nuclear facilities are under two different line departments (DOST
and BHDT) thus causing unwarranted burden to medical users in having to deal with
two separate regulatory authorities.

‘The passage of this bill is, therefore, earnestly sought.

DIVIN.
1% District, Za bo ia del Sur


20
21

Be

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session
2077
97°

House Bill No. _

Introduced by Representative Divina Grace C. Yu

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

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”.

to:
fa)

(b)

{c)

(da)

(e)

SEC. 2. Declaration of Policy.—It is hereby declared to be the policy of the State

Harness the peaceful uses of nuclear energy that can provide important benefits in
many fields, including health and medicine, energy production, scientific research,
agriculture, industry, and education;

Recognize the potentially harmful effeets of ionizing radiation that could result from
improper use, accidents, and/or malicious acts;

Protect individuals, society and the environment from the potentially harmful effects
of ionizing radiation, including those that could result from improper use, accidents
or malicious acts;

Establish and maintain a legal and regulatory framework for the regulation and
control of peaceful uses involving radiation sources, nuclear material and any other

radioactive material;

‘Manage radioactive waste in a manner that, protects current and future generations

from undue impacts; and

Establish and maintain a legal and regulatory framework for implementing effective
measures to prevent, detect and respond to unauthorized acts involving nuclear
material, other radioactive sources or associated facilities that may cause injury to

persons, property or the environment or otherwise jeopardize national security.

1


(c)

(d)

(a)

(b)

SEC. 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 Nuclear Regulatory Commission (PNRC), hereinafter
referred to as the Commission, 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, but not limited to the
production, poss

on, use, import, transport, transfer, handling and management

of radioactive materials, or any other activities or practices identified by the

Commission;
‘To establish and maintain a regulatory system for the formulation and/or adoptation
of regulations and guides 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 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 Atomie 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, UN Resolutions on Nuclear Security, and
other relevant international instruments entered into by the Republic of the
Philippines.

SEC. 4. Seope.

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

‘This Act shall not apply to activities or practices involving exposures that have been
exempted from regulatory control through regulations established by the
Commission.

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

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

Activities refer to the production, manufacture, distribution, sale, acquisition,

ownership, possession, import, export, handling, use, transport, and transfer of



10

30

O)

(@)

(e)

(

@)

(h)

@

a

nuclear and radioactive materials; siting, construction, operation, and
decommissioning of facilities; management of radioactive waste; mining and
yn shall

processing of radioactive ores; and such other activities as the Commis
from time to time determine:

Authorization refers to a permission granted by the Commission to a person who
has

facilities, and ioni

ubmitted an application involving nuclear and radioactive materials and

ing radiation generating equipment. The authorization can take
the form of a notification, a registration, or a license;

Commission refers to the Philippine Nuclear Regulatory Commission (PNRC), as
the nuclear regulatory body for purposes of this Act;

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 safely 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 emengeney 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 exclusion 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 a Commission 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 is 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;


(ky

ay

(m)

(n)

(0)

(p)

@

©

(s)

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

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

2) enrichment and fuel manufacturing plants;

3) nuclear power plants;

4) other reactors such as research reactors and critical assemblies;

5) spent fuel reprocessing plants;

6) radioactive we
7) radiation generator installations and facilities;

ste management facilities;

8) irradiation installations;
9) nuclear 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 or operators refer to any organization or person applying for
authorization or authorized and/ or responsible for nuclear, radiation, radioactive
waste or transport safety when undertaking activities or in relation to any nuclear
facilities or sources of ionizing radiation. This includes, inter alia, private individuals,
governmental bodies, consignors or carriers, licensees, hospitals, self-employed

persons, etc.;

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

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

Installation operator or Operator refers to any person, organization, or
government entity licensed or authorized to undertake the operation of a nuclear or
radiation facility;

Institute refers to the Philippine Nuclear Research Institutes

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

Ionizing radiation sources refer to nuclear and other radioactive materials
facilities and radiation generating equipment;

License refers to a legal document issued by the Commission granting authorization
to perform specified activities related to facilities or activities; or any authorization
granted by the Commission to the applicant to have the responsibility for the siting,
design, construction, commissioning, operation or decommissioning of a nuclear

installation;


26

()

(u)

(v)

(w)

&)

1)

(@)

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);

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;

Nuclear 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 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
includes any physical or mental injury, sickness or disease, death whether caused

y any other sources of radiation inside a nuclear installation. Personal injury

directly by a physical trauma or otherwise;

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

Nuclear installation refers to any of the following:

1) anuclear reactor for research or production of nuclear materials for industrial or

medical use (including critical and sub-critical assemblies)

2) a plant 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 law;

ity that is greater than the

4) a facility for production of radioisotopes with an acti
activity level prescribed by regulations made for the purposes of law this section;
and

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

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


6

(aa)

(bb)

(cc)

(dd)

(ee)

(ff)

a)

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; any material containing one or more of the
foregoing;

Nuclear or radiological emergency refers to a non-routine situation that

necessitates prompt action primarily to mitigate a hazard due to (a) The energy
resulting from a nuclear chain reaction or from the decay of the products of a chain
reaction; or (b) Radiation exposure or adverse consequences for human health and
safety, quality of life, property or the environment;

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;

Official Gazette refers to the official journal of the Philippine government where
this Act and the Commission’s regulations may be published; the journal reports all
laws, actions and decisions issued by the government and other information on
things such as hearing and tribunals, proposed changes and any thing else the
government feels should be told to the public;

Person refers to (1) Any individual, organization, corporation, partnership, firm,
association, trust, estate, public or private institution, group, political or
administrative entity or other person designated in accordance with national
legislation, who or which has responsibility and authority for any action taken under
this Act; and (2) any legal successor, representative, agent, or agency of the foregoing;
Physical protection refers to technical and organizational measures for protection
of nuclear material or authorized facilities designed to prevent unauthorized access

with nuclear installations, nuclear 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 existing sources, so as to inerease 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

slerator facility; and other such facility that the Commission shall determine from

time to time;


26

(bh)

(ii)

Gi)

(kk)

ay

(mm)

(nn)

(00)

(pp)

(aq)
(rr)

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 Commission
shall from time to time determine;

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 nuclear 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 was!

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 nuclear material within the nuclear fuel eycles 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 dischange into the
environment, these values shall be set out in an implementing regulation;

Radioactive waste disposal refers to a permanent emplacement of radioactive

wast ies or installation without the intention of its retrieval;

Radioactive waste and spent fuel storage refers tothe holding of radioactive

10 areas, facil

sources, spent fuel or of radioactive waste in a facility that provides for their/its
containment, with the intention of retrieval;

Radionuclide refers to an unstable form of a chemical element that radioactively

decays, r
Registrant refers to the holder of a current registration;

ulting in the emission of nuclear radiation;

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. 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 are amenable to registration are those for which:

(1) safety can largely be ensured by the design of the facilities and equipment;


29

(ss)

(tt),

(2) the operating procedures are simple to follow;

(a) the safety training requirements are minimal; and

(4) there is a history of few problems with safety in operations;

Regulatory Body refers to an organization designated by the government as
having legal authority for exercising regulatory control with respect to ionizing
radiation sources, including issuing authorizations, and thereby regulating one or
more aspeets of the safety or security of radioactive sources.

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
ary Purpose;

devices or to further any mil

(uu) Safety refers to measures intended to minimize the likelihood of accidents

(wy)

involving radiation sources, nuclear 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 nuclear

material, other radioactive substances or their associated facilities;

(ww) Source refers to anything that may cause radiation exposure — such as by emitting

ionizing radiation or by releasing radioactive substances or material — and can be
treated as a single entity for protection and safety purposes;

(xx) Special Drawing Right, hereinafter referred to as SDR, refers to the unit of

(yy)

(za)

account defined by the International Monetary Fund and used by it for its own
operations and transactions;

Special fissionable materials refer toPlutonium-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
Commission;

Spent Nuclear Fuel refers to nuclear fuel that has been irradiated in and

permanently removed from a reaetor core; and

(aaa) Technical and Scientifie Support Organization refers to external

‘Ther

referred to as the Commiss

and

organization or experts who are not part of the Commission's permanent staff from
whom the Commission may seek advice or recommendations in the conduet of its

regulatory responsibilitie
ARTICLE Il - THE PHILIPPINE NUCLEAR REGULATORY COMMISSION

SEC. 6. Creation of the Philippine Nuclear Regulatory Commission.—
wre is hereby created the Philippine Nuclear Regulatory Commission (PNRC),hereinafter
ion, that shall be an attached agency of the Department of Science

‘Technology for policy direction, coordination, technical and administrative supervision.


SEC. 7. Mandate of the Commission.—The Commission shall exercise authority

over all aspects of safety, security and safeguards involving nuclear materials and other

radioactive materials, facilities and radiation generating equipment,

regulations under this Act, the Commis:

@)

(b)

()

(d)

(a)

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(©)

(ad)

(e)

10)

(8)

(h)
@

SEC. 8. Regulatory Policy of the PNRC, ~ In issuing Authorizations and other
mm shall:

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

Establish and implement regulations 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
Commission's regulations, and has financial protection to fulfill obligations on
liability for nuclear and radiation damage.

SEC. 9. Functions of the PNRC. ~ The Commission shall:

Define and formulate policies, regulations, standards, and other issuances as a basis
for its regulatory actions on nuclear and radiation safety, security and safeguards;
Develop and issue 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 nuclear 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;
ties and practices to ensure compliance with

Inspect, monitor and assess ac
applicable regulations, and the terms and conditions of authorizations;

Take enforcement measures as provided for under Seetion 21 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;


20

29
30
31

32
33
34
35
36

@

(k)

a)

(m)

(n)

(0)

()
@

@
()

(t)

(u)

Hold hearings and conduet 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 having competence
in such areas as health and safety, environmental protection, security and
transportation of nuclear and related dangerous goods;

Cooperate with and act as the national competent authority on nuclear safety,
security and regulatory matters for the IAEA, foreign governments, ministries,
departments, and agencies, relevant regional and international organizations,
including law enforcement and intelligence agencies;

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;

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 in incidents,
accidents and abnormal occurrences;

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;

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

10


(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
jointly with the authorized representatives of the

ities, materials or any activity

energy fa

ion when the national security of the State is involved.
SEC. 10, Management System. ~ The Commission shall establish, implement,

and as
achievement. The Commission shall ensure that regulatory control is stable and cons

SEC. 11. Organizational Structure of the Commission. ~The Commission
shall be headed by a Commissioner who shall be appointed by the President for a term of five
ed by
two Deputy Commissioners who shall be appointed by the President with a term of four (4)

4 management system that is aligned with its safety goals and contributes to its

tent.

(5) years with a rank equivalent to an Undersecretary. The Commissioner shall be as

years and three (3) years respectively. ‘Thereafter, the suecessors shall be appointed for five
(5) years.

‘The commissioner or at least one (1) of the two (2) deputy commissioners 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 Commissioner shall not be removed from service for political considerations, but
for just cause which includes misconduct, demonstrated lack of competence, unlawful
behavior, inability to perform assigned duties, and the like.

‘The head of the Commission shall draw up its organizational structure to be
submitted to the Secretary, DOST for approval.

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

(a) Assist the Commissioner in the discharge of his functions as executive and
administrative head of the Commission;

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

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

(d) Provide secretariat ices to the Commission; and

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


1 SEC. 12. Use of Income.—The budget of the Commission, based on an annual
2 appropriation from Congress, shall ensure that the Commission has the financial and human
3 resources necessary to fulfill its assigned responsibilities under this Act.

4 The Commission shall also be authorized to:

5 (a) Charge and collect reasonable fees in the performance of its regulatory functions,

6 provided that such fees shall be imposed by regulation on the basis of such published
7 criteria as the Commission deems appropriate; and

8 (b) Use 100% of its ineome, donations, bequests, grants, and all sums which may be
9 appropriated for upgrading its physical and human resources, for the conduct of its

10 activities, and for augmentation of its budget in case of shortfalls, Retain 75% of its
ul income for the upgrading of its equipment and physical facilities and the remaining

12 25% shall be remitted to the National Treasury. The PNRC may also solicit, receive
13 and retain donations, bequests, and grants.
4 SEC.13. Technical and Scientific Support Organizations. ~The Commission

15. is authorized to seek expert opinion and recommendations from independent technical and
scientific support organizations whose technical advice will not have any conflict of interest

17 or improper influence on its regulatory decision making. Any advice offered shall not relieve
18 the Commission of its responsibilities under this Act, other relevant laws and applicable
19 regulations.

20 SEC. 14. Establishment of an Advisory Board.—Upon the recommendation of
21 the Commission, the Department of Science and Technology shall establish an advisory
22 board to assist and advise the Commission on the safety and security matters arising from
23 the use of nuclear and radioactive materials and from the operation of nuclear installations
24 and radiation facilities, and on regulations applicable to such authorizations. The advisory
25 board shall be composed of experts from other government agencies or from the academia
26 and/or non-Government entities or both, not exceeding eleven (11) in number: Provided,
27 however, that the Commission shall have the final decision and responsibility with respect to
28 such matters.

29 ARTICLEII — REGULATION AND AUTHORIZATION OF NUCLEAR

30 INSTALLATIONS AND RADIATION FACILITIES

31 SEC. 15. Requirement for Authorization.

32 (a) Any person who intends to engage in an activity or practice shall submit a notification
33 to the Commission of its intention to carry out such activity or practice in the form
34 and within the time limits required by the Commission,

35. (b) No authorization to acquire, own, or operate any nuclear installations and radiation
36 facilities shall be issued to an alien, or any corporation or other entity which is owned
7 or controlled by an alien, a foreign corporation, or a foreign government. For

2


10

34
35
36
at

purposes of this Act, a corporation or entity is not owned or controlled by an alien, a
foreign corporation of a foreign government if at least sixty percent (60%) of its
capital stock is owned by Filipino citizens,

SEC. 16. Activities Subject to Authorization. ~ It shall be unlawful for any

person to transfer, construct, receive, own, possess, operate, import or export any nuclear

installations and radiation facilities except under an authorization issued by the Commission

under this Act. A person or organization shall be required specific authorization issued by

the Commission under this Act to conduct any of the following activities:

(a)

(d)

@®

Transfer, receive, acquire, own, possess, or use nuclear or radioactive material for
medical, industrial, agricultural and research applications;

Manufacture and distribute of radioactive materials or products containing
radioactive materials to other licensees or persons exempt from the requirements for
alicense;

Produce of radioactive materials from particle accelerators;

Operate nuclear installations and ionizing radiation facilities for research,
commercial power, and other purposes;

Site, construct, commission, operate, dismantle, decommission, close radioactive
waste management facilities;

‘Transport of nuclear or radioactive materials to, within, and from the Philippines;
and

Engage in or providing nuclear technical services.

SEC. 17. Licensing Process and Conditions for Issuance of

Authorization. ~ The Commission shall provide for the licensing process and the

conditions for issuance of authorization specified in the Implementing Rules and

Regulations issued under this Act.

(a)

()

SEC. 18. Responsibilities of the Authorized Person. ~

Any person authorized to conduet activities or practices 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,

Any person authorized to conduct activities or practices shall provide the
Commission with any requested assistance in the performance of its regulatory
functions,

Any person ceasing authorized activities or practices shall inform the Commission
prior to the cessation of those activities or practices,

SEC. 19. Provisional Authorization. - In all cases of application for

authorization to construct a facility, if the Commission finds that, on the basis of the


20

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
tundue isk to the health, safety and security of the public and the environment, the
Commission shall initially issue a provisional license to the applicant. Such a provisional
authorization may be granted even if the information on health, safety, and security then

available is less than would be needed for an authorization to operate provided that the
Commission is satisfied that 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. However, the provisional authorization provided herein shall not exceed one (1) year,
SEC. 20, Additional Requirements in Case of Nuclear Installation for
Commercial Power: Exemptions.-Nothing in this Act shall be 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, obtaining
approval for rates and services and others, from the appropriate agency having jurisdiction:
Provided, however, that upon certification by the Commission, importations of nuclear fuel
for use in these facilities shall be free from all taxes and duti
under the pertinent provisions of the Board of Investment (BOI) Act,
SEC. 21. Inspections and Enforcement. -
(@) The Commission shall implement a system of inspection of nuclear and radiation
facilities and transport, through regulations issued under this Act, to verify
compliance with the applicable requirements and conditions of any authorization

in accordance with incentives

issued under Section 16.

(6) 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 1
verification system shalll be provided for in the regulations issued under this Act.

; inspections; and the maintenance of appropriate records by licensees. The
(©) Where the Commission has established that any person has committed a violation of
relevant nuclear 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 (57 and §8] of this Act, the

Commission may impose by order any of the following penalties in conformity with
the proceedings provided for in Section 2a:suspension, modification, and revocation
of authorization, or imposition of a civil monetary penalty

SEC. 22. Suspension, Modification, and Revocation of Authorizations.

Any authorization issued pursuant to this Act may be suspended, modified or revoked by the

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Commission 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 issue dare 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 Commission 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 Commission
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.

Upon the suspension, revocation, or expiration of an authorization which is not
renewed, and pursuant to Commission 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 Commission may take temporary custody of any nuclear
and other radioactive material and facilities held by the licensee pending their appropriate
and lawful disposition by or for the licensee.

ARTICLE IV — RADIATION PROTECTION

SEC. 23. Regulatory Control to Ensure Radiation Safety.
(a) The Commission shall take the appropriate steps to ensure that:

(a) 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 being taken into account; and

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

(>) ‘The Commission shall establish dose limits for persons that may not be exceeded in
conducting activities under regulatory control.

(© The Commission shall identify sources or practices to be exempted from regulatory
control.

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(e)

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(g)

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‘The Commission shall establish clearance levels below which radioactive material
within authorized activities and practices can be released from regulatory control.
‘The Commission shall maintain a national system for registration of licensees,
registrants, imported and exported selected items, and ionizing radiation sourees.
The Commission shall ensure that authorized facilities maintain a record of exposure
of the publie, patients, and of workers oceupationally exposed to ionizing radiation at
their work.
‘The Commission shall promulgate appropriate regulations and related guidelines to
address all issues and concerns related to exposure to ionizing radiation from natural
sources.
SEC. 24. Responsibilities of Authorized Persons in Radiation Protection.
‘The authorized person shall bear the primie responsibility 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 Commission and shall 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.
Persons authorized to conduet 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. 25. 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 Commission.

(a)

(b)

(c)

SEC. 26. Emergency Preparedness and Response.—The Commission shall:
Develop and maintain a national emergency plan for responding to potential nuclear
or radiological emergencies.

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
of a nuclear 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 Nuclear Accident and the
Convention on Mutual Assistance in the Case of a Nuclear Accident or Radiological
Emergency.


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ARTICLE VI ~ TRANSPORT OF NUCLEAR AND OTHER RADIOACTIVE
MATERIAL

SEC. 27. 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 in coordination with relevant national government
agencies and consistent with the International Atomic Energy Agency (IAEA) regulations for
the safe and secure transport of radioactive material.

SEC. 28. Requirements for Authorization.— No person shall engage in the

transport of radioactive material without an authorization issued by the Commission,

ARTICLE VII- IMPORT AND EXPORT OF NUCLEAR
AND OTHER RADIOACTIVE MATERIALS

SEC. 29. 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
alia:

(2) To secure an authorization from the Commission prior to export or import with
the assurance of applying safeguards and physical protection measures to protect
public health, safety and security;

(2) To ensure before import 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) To ensure before export that the importing country has the appropriate technical
and administrative capability, resources and regulatory infrastructure needed for
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/export control
measures for nuclear and other radioactive material including devices that produce
ionizing radiation.

ARTICLEVIII-MANAGEMENT OF SPENT NUCLEAR FUEL AND OTHER
RADIOACTIVE WASTE

SEC. 30. 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)

(b)
(c)

(d)

(a)

(b)

©

(@)

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;
A system of authorization of radioactive waste and spent fuel management activities;
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
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. 31. Safeguards.—The Commission shall:
Maintain a system of accounting for and control of nuclear materials and establish
requirements for accounting for and methods for control of nuclear material;
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

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

SEC. 32. Physical Protection and security of nuclear and other

radioactive material.—

(a)

(b)

The Commission shall have the authority to issue regulations under this Act 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 in the Republic of the Philippines or otherwise
jeopardize national security.

‘The Commission shall establish requirements under the regulations issued under this
‘Act for the physical protection of nuclear material, and shall fulfill the Republic of the
Philippines’ obligations as a party to the Convention on the Physical Protection of
Nuclear Material, the Amendment thereto, and other international treaties and
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(© The Commission shall also have the authority under this Act to issue regulations for
the protection of individuals, society and the environment from the deleterious
effects of radioactive sources.

(@) The Commission shall also have the authority under this Act to 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. 33. Notice and Conduct of Hearing.

In any proceeding under this Act 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 22 shall become
effective until after the licensee has had notice for a hearing and opportunity to be heard.

Where an order suspending, revoking or modifying an authorization, or an order

issued under Section 22 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
Commission’s final decision in the proceeding.

SEC. 34. Orders and Decisions. All oniers and decisions of the Commission
shall be in writing, stating clearly and distinctly the facts and issues involved and the reasons
on which the Commission's order or decision is based, and shall be made available to the
public,

SEC. 35. Judicial Review. ~ The Court of Appeals is hereby given the power of
judicial review over any final order or decision of the Commission rendered under Section 34
and shall modify or set aside such order or decision when it clearly appears that there was 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 rule or prescribe but not exceeding thirty 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

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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. 36. Notice of Regulation. — No regulation adopted by the Commission shall
be effective less than fifteen days after publication of the regulation in the Official Gazette,
except, that if the Commission finds that the health, safety, and security or the national
interest requires, the regulation may be made effective immediately upon publication in the
Official Gazette or upon furnishing copies of the regulation to the persons affected.

SEC. 37. 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
Commission shall 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. 38. The Operator Liabitity.-The operator shall be liable for nuclear
damage upon proof that such damage has been caused by a nuclear incident:

(a) Inhis nuclear installation;
() Involving nuclear material coming from or originating in his nuclear installation, and
occurring:

(@) __ 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.

(©) Involving nuclear material sent to his nuclear installation, and occurring:

(2) After liability with regard to nuclear incidents involving the nuclear material
has been assumed by him, pursuant to the express terms of a contract in
writing, from another installation operator; or

(2) _ In the absence of such express terms, after he has taken charge of the nuclear
material: Provided, That if nuclear damage is caused by a nuclear incident
occurring in a nuclear installation and involving nuclear material stored therein
incidentally 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 nuclear damage upon proof that such damage has been
caused by a nuclear accident involving nuclear material in the course of carriage:

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(©)

(a) 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

(2) To international transport between the Philippines and an operator in another
Contracting Party to the Vienna Convention.

Whenever both nuclear damage and damage other than nuclear damage have been

caused by a nuclear ineident or jointly by a nuclear incident and one or more other

occurrences, such other damage shall, to the extent that it is not reasonably separable
from the nuclear damage be deemed, for purposes of this Act, to be nuclear damage
caused by that nuclear incident. Where, however, damage is caused jointly by nuclear
incident covered by this Section and by an em
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,

n of ionizing radiation not covered

of any person who may be held liable in connection with that emission of ionizing
radiation.

SEC. 39. Absolute and Exclusive Liability.

The liability of the installation operator for nuclear damage shall be absolute.

The installation operator shall not be 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 shall be liable for nuclear damage.

SEC. 40. 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

If the nuclear 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. 41. 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 his obligation to pay compensation in
respect of the damage suffered by such person.

SEC. 42. Exceptions to Liability.—No installation operator shall be liable for any

nuclear damage caused by a nuclear accident directly due to an act of armed conflict,

hostilities, civil war or insurrection,

SEC. 43. Limit of Liability.—The liability of the installation operator for nuclear

damage under this Act shall be limited to an amount in Philippine pesos which is equivalent

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to 300 million Special Drawing Rights (SDRs) (roughly equivalent to 400 million US
dollars), 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.

SEC. 44. Exemption from Liability. The installation operator shall not be
liable under this Act for nuclear damage:
@)

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

(b) To the means of transport upon which the nuclear material involved was located at
the time of the nuclear incident.

SEC. 45. Exclusions. ~The Commission may, if it determines that the small extent
of the risk involved so warrants, exclude by regulation any small quantities of nuclear
material from the application of the provisions in this Article XIII. Provided, That (a)
maximum limits for the exclusion of such quantities have been established by the Board of

Governors of the International Atomic Energy Agency; and (b) any exclusion must be within

the limits so established.

SEC. 46. 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. 47. Liability of Several Installation Operators.—Where nuclear damage
engages the liability of more than one installation operator, the following rules shall apply:
(a) _ Im 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 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
which engages the liability of more than one installation operator, the total liability
shall not exceed the highest amount applicable with respect to any one of them
pursuant to Section43 of this Act; and

(©) 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
Sectionaghereof,

SEC. 48. Operator of Several Installations.—Subject to the provisions of
Section 47, where several nuclear installations of one and the same installation operator are
involved in one nuclear incident, such installation operator shall be liable in respect of each

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nuclear installation involved up to the amount applicable with respect to him pursuant to
Section 43.

SEC. 49. Carrier or Handler of Nuclear Material as Installation
Operator. - ‘The Commission, subject to such terms and conditions as it may by regulation
or order prescribe, designate a carrier of nuclear material or a person handling radioactive
waste, at his request and with the consent of the installation operator concerned, as
installation operator in the place of that installation operator in respect of such nuclear
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.

SEC. 50. Court Having Jurisdiction. -The Regional Trial Court having
jurisdiction over the place where the nuclear incident occurs shall have jurisdiction to
determine claims for compensation for such nuclear damage under this Act.

SEC. 51. Intervention of Commission in Court Proceedings. -When, after
the occurrence of a nuclear incident, it appears that the Government will have to pay
indemnity, the Court having jurisdiction over the claims for compensation arising from the
nuclear incident, shall allow the Commission, upon its petition, to intervene in the
proceedings with respect to technical issues, at any time before final judgment.

SEC. 52. 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, 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 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. 53. Investigation of Nuclear Incidents.—The Commission shall make an
investigation of 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 XI-TRANSITORY PROVISIONS

SEC. 54. The Philippine Nuclear Research Institute.

(a) The regulatory function of the Philippine Nuclear Research Institute hereinafter
referred to as the Institute, is hereby transferred to the Commission;

(b) The development, promotion and use of nuclear energy for peaceful applications
shall remain the responsibility of the Institute, whereupon the Director of the

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(@)

(O}

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Institute shall draw up its new organizational structure to be submitted to the
President through the Secretary, Department of Science & Technology for approval;
‘The Institute shall be the scientific nuclear organization in the country and continue
to function as one of the Research and Development Institutes of the Department of
Science and Technology, and 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.

Under this Act, the Institute shall be allowed to use 100% of its income to augment
and hire additional human resources and upgrade its facilities.

The regulatory functions of the Institute which were inherited from the former
Philippine Atomic Energy Commission by virtue of R.A. No. 2067, as amended and
R.A. No, 5207, as amended, E,O. 128 and E.O. 366 are deemed transferred to the
Commission.

Previous regulatory issuances ~ all regulations, rules, orders previously established
by the Philippine Nuclear Research Institute shall remain in force until superseded
by the Commission.

SEC. 55. The Center for Device Regulation, Radiation, Health and

Research.

fa)

(b)

@)

‘The regulatory functions of the Center for Device Regulation, Radiation, Health and
Research hereinafter referred to as the CDRRHR of the Department of Health over
devices generating ionizing radiation by virtue of R.A. 9711 are deemed transferred to
the Commission.

‘This Act shall in no way prevent the Department of Health 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.

The Center for Device Regulation, Radiation, Health and Research shall remain with
the Department of Health.

Previous regulatory issuances ~ all regulations, rules, orders pertaining to ionizing
radiation previously established by the Center for Device Regulation, Radiation,
Health and Research shall remain in force until superseded by the Commission.

SEC. 56. Human Resources. ~ All plantilla positions of the Nuclear Regulatory

Division of the PNRI, Department of Science and Technology (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 Radiation Regulation
Division of the Center for Device Regulation, Radiation, Health and Research (CDRRHR) of
the Department of Health (DOH) which have responsibilities solely in ionizing radiation

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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.

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 shall be entitled to the same allowances and benefits as
the transferred employees.

The head of the Commission shall draw up its organizational structure to be
submitted to the Secretary, DOST for approval.

ARTICLE XIII - PENAL PROVISIONS

SEC. 57. 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 of not more than one million pesos (PHP 1,000,000.00) or both.

SEC. 58. Violation of Other Provisions of this Act. - Any person who shall
willfully violate, attempt to violate, or conspire to violate any provisions 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. 59. Appropriations. — The amount needed for the initial implementation of
this Act shall be taken from the current year’s appropriations of the Nuclear Regulatory
Division of the PNRI and the licensing and regulatory group of the CDRRHR. Thereafter,
such sums as may be necessary for its continued implementation shall be included in the
annual General Appropriations Act.

SEC. 60. Implementing Rules and Regulations. -The Commission, in
consultation with the DOSTshall issue within one hundred eighty (180) days, the rules and
regulations necessary to implement the provisions of this Act.

SEC. 61. Repealing Clause. -The pertinent provisions of Republic Act No. 2067
as amended, otherwise known as the Science Act of 1958, Republic Act No. 5207 as,
amended, otherwise known as the Atomic Energy Regulatory and Liability Act of 1968,
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, rules and regulations and other issuances or parts thereof which are
inconsistent with this Act are hereby repealed, amended or modified accordingly.

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SEC. 62. Separability Clause. -If any provision of this Act shall be declared
wneonstitutional or invalid, the other provisions not otherwise affected shall remain in full
force and effect.

SEC. 63. Effectivity Clause.~This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in a newspaper of general circulation,

Approved,

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