EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

introduced by Representative Rufus B.
House Bill No. 2785

EXPLANATORY NOTE

Nuclear technological risks in the Philippines are so high yet safeguards against
them are so litle. Although science and technology can cushion its impact, f ean) Rit lives.
property, environment and ecology. Nuclear technology disaster is something the country
cannot afford.

In order to develop the programs that can help not only the Government but also the
private sector in making decisions on nuclear technological choices, a comprehensive
Pclear regulatory framework is needed and at the same time, the establishment of the
Philippine Nuclear Regulatory Commission is necessary.

‘The thrust of this bil is in consonance with the Constitutional mandate of the State to
protect and advance the right of the people to a balanced and healthful ecology in accord
pith the rhythm and harmony of nature. The Philippine Nuclear Regulatory Commission shall
fo responsible for nuclear radiation protection of the general public and thereby prevent or
Gecreaee the risks which such activities pose to life, property and ecology:

Immediate approval of this measure is earnestly sought.

oo


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez ha

House Bill No. 2785

AN ACT
PROVIDING FOR A COMPREHENSIVE NUCLEAR REGULATORY FRAMEWORK,
CREATING FOR THE PURPOSE, 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 |
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 uses of nuclear energy that can provide important benefits in
health and medicine, energy production, scientific research, agriculture, industry, and
education;

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

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

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

(e) 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.

SEC. 3. Objectives. —The objectives of this Act are:

(a) 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;

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

(c) To establish and maintain a regulatory system for the formulation and adoption of
regulations and guides on the use of ionizing radiation that specify the prin



(d)

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 Atomic 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 [AEA; 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. -

(a)

(b)

This Act shall apply to all acti s 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 PNRC.

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

(a)
(b)

(c)

(d)

(e)

1)

(9)

(h)

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

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

Decommissioning refers to the administrative and technical actions taken to allow
the removal of some or all of the regulatory controls from a facility to ensure the long
term protection of the public and the environment, and typically include reducing the
levels of residual radio nuclides in the materials and on the site of the facility so that
the materials can be 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 emergency and of the structure, authorities and
responsibilities for a systematic, coordinated and effective response. The emergency
plan serves as the basis for the development of other plans, procedures and
checklists;

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

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

Exclusion refers to the deliberate excluding of a particular category of exposure from
the scope of an instrument of regulatory contro! on the grounds that it is not
considered amenable to control through the regulatory instrument in question.
Exemption refers to the determination by the PNRC that a source or practice need
not be subject to some or all aspects of regulatory contro! on the basis that the
‘exposure, including potential exposure, due to the source or practice being too small
to warrant the application of those aspects or that this is the optimum option for
protection irrespective of the actual level of the doses or risks;



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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 waste management facilities;

7) radiation generator installations and 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 refer to any organization or person applying for authorization or

authorized or responsible for nuclear, radiation, radioactive waste or transport safety

when undertaking activities or in relation to any nuclear facility or source of ionizing

radiation. This includes, inter alia, private individuals, governmental bodies,

consignors or carriers, licensees, hospitals, and self-employed persons;

Income refers to the fees and other payments given to the PNRC 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 refers to any person, organization, or government entity

licensed or authorized to undertake the operation of a nuclear or radiation facility;

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 PNRC granting authorization to

perform specified activities related to facilities or activities; or any authorization

granted by the PNRC to the applicant to have the responsibility for the siting, design,

construction, commissioning, operation or decommissioning of a nuclear installation;

Licensee refers to the authorized person who is a holder of a valid license granted

for a practice or source who has recognized rights and duties for the practice or

source, particularly in relation to protection and safety; or an organization having

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

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

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:



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1) @ nuclear 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;

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 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;

‘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
@ 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
foregoi

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;

‘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;

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;

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;

Radiation facility refers to a facility that utilizes radioactive materials; particle

accelerator facility; and other such facility that the PNRC shall determine from time to

time;

Radiation generating equipment or radiation generator refers to an equipment or

device that generates ionizing radiation when energized (e.g., x-tay generating

equipment) or that would, if assembled or repaired, be capable of producing ionizing
radiation when energized or an equipment as the PNRC 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 waste;

Radioactive source refers to a radioactive material permanently sealed in a capsule

or closely bonded and in a solid form and which is not exempt from regulatory

5


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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 cycles of research and power reactors;
Radioactive waste refers to waste substances, objects or equipment for which no
further use is foreseen by their owner, with a radionuclide content or surface
radionuclide contamination exceeding values permitting their discharge into the
environment. These values shall be set out in an implementing regulation;
Radioactive waste disposal refers to the permanent emplacement of radioactive
waste in a suitable facility or installation without intent to retrieve it;

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

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

Registrant refers to the holder of a current registration;

Registration refers to a form of authorization for practices of low or moderate risks
whereby the person responsible for the practice has prepared and submitted a safety
‘assessment of the facilities and equipment to the Philippine Nuclear Regulatory
Commission created under Article Il, Sec. 6 of this Act, and has complied with the
legal requirements. The requirements for safety assessment and the conditions or
limitations applied to the practice should be less severe than those for licensing,
Typical practices that may be registered are those undertaken in facilities whose
design and equipment ensure safety, or those whose operating procedures are
simple and easy to follow, those that require minimal safety training, or those that
historically have produced minimal safety problems;

Safeguards refer to measures undertaken to ensure that the 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;

Safety refers to measures intended to minimize the likelihood of accidents 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;

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

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

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

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

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



ARTICLE Il
THE PHILIPPINE NUCLEAR REGULATORY COMMISSION

SEC. 6. Creation and Mandate of the Philippine Nuclear Regulatory Commission.—
There is hereby created an independent central nuclear regulatory body to be known as the
Philippine Nuclear Regulatory Commission (PNRC) 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 and other regulations under this
Act, the PNRC shall:

(a)
(b)

(c)
(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;

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

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

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

(a)

(b)

(c)

(d)
(e)
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(g)
(h)
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a

(k)

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

Issue, amend, and revoke rules, regulations and orders pertaining to the financial
capability of operators to cover liability for 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;
Inspect, monitor, and assess activities and practices to ensure compliance with
applicable regulations, and the terms and conditions of authorizations;

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

Define exemptions and exclusions from regulatory control;

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

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;

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


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

(m) 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;

(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;

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

(t) 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;

(u) 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 a State
and the IAEA;

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

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

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

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

The Commissioner or at least one (1) Deputy Commissioner shall have the
necessary scientific and technical qualifications, preferably an advanced degree in natural
sciences or engineering or a broad professional background in any of the said fields.

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


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

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

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

(c) Recommend and develop plans to achieve the PNRC’s objectives; and

(4) Perform such other relevant functions necessary to implement the provisions of this

Act.

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

SEC. 11. Official Site of PNRC. - 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, shall be allocated exclusively for the PNRC office: Provided, That the PNRC shall
establish additional offices in strategic areas as it may deem necessary: Provided further,
That the boundaries and technical descriptions of these land areas shall be determined by
an actual and joint group survey.

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

SEC. 13. Nuclear Waste Management Fund. - A portion of the payment of the electricity
generated from the use of nuclear energy shall be set aside to establish a Nuclear Waste
Management Fund in view of the importance of nuclear waste disposal and spent fuel. The
Fund shall be held in escrow and can only be utilized for the safe disposal of the nuclear
waste which shall include siting research, transport, and final geological disposal. Such
payment portion shall be determined by the PNRC based on international practice.

SEC. 14. Technical and Scientific Support Organizations. ~The PNRC 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 PNRC's
fegulatory decision making. Any advice offered shall not relieve the PNRC of its
responsibilities under this Act, other relevant laws, and applicable regulations.

‘SEC. 15. Establishment of an Advisory Board. There shall be established an advisory
board to assist and advise the Commissioners on safety and security matters arising from
the use of nuclear and radioactive materials and from the operation of nuclear installations
and radiation facilities, and on regulations applicable to such authorizations. The advisory
board shall be composed of not more than twelve (12) members as follows:
a) Secretary of the Department of Science and Technology, as Chairperson;
b) Secretary of the Department of Health, as Vice Chairperson;
c) Secretary of the Department of Energy, as Member;
d) Secretary of the Department of Environment and Natural Resources, as
Member;
e) Secretary of the Department of National Defense, as Member;
f) Secretary of the Department of Trade and Industry, as Member;
g) Secretary of the Department of Agriculture, as Member; and
h) A maximum of five (5) experts from the academe or non-government
organizations, or both.


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

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

ARTICLE II
REGULATION AND AUTHORIZATION OF NUCLEAR INSTALLATIONS AND RADIATION
FACILITIES

SEC. 16. Activities Subject to Authorization. — |t shall be 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 PNRC. A person or

organization shall be required specific authorization issued by the PNRC 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;

(c) Production of radioactive materials from particle accelerators;

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

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

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

(@) __ Engaging in or provision of nuclear technical services.

SEC. 17. Requirement for Authorization.

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

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

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

SEC. 19. Responsibilities of the Authorized Person. ~

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

(b) Any person authorized to conduct activities or practices shall provide the PNRC 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
PNRC shall duly inform the latter at least six (6) months prior to actual cessation of
those activities or practices.

SEC. 20, Provisional Authorization. — In all cases of application for authorization to
construct a facility, if the PNRC finds that, on the basis of the technical information and data
so far made available to it, there is reasonable assurance that the proposed facility can be
constructed and operated at the proposed location without undue risk to the health, safety,
and security of the public and the environment, it shall issue the appropriate authorization to
operate the facility: Provided, That in cases where there is insufficient data or information on
health, safety, and security, or if there is a need to generate or validate such data or
information, the PNRC 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 will be so resolved as to warrant the issuance of an authorization to operate the
facility: Provided, however, That the provisional authority to operate the facility shall cover a
period not to exceed one (1) year.

SEC. 21. 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, and obtaining approval for rates
and services from the appropriate agency: Provided, however, That upon certification by the
PNRC, importations of nuclear fuel for use in these facilities shall be free from all taxes and
duties in accordance with incentives under the pertinent provisions of Republic Act No. 5186,
otherwise known as the “Investment Incentives Act.”

‘SEC. 22. Inspections and Enforcement. ~
(a) The PNRC shall implement a system of inspection of nuclear and radiation facilities
and transport based on the provisions of this Act to verify compliance with the
applicable requirements and conditions of any authorization issued under Section 16.

(b) The PNRC 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
46; inspections; and the maintenance of appropriate records by licensees. The
verification system shall be provided for in the regulations to be issued pursuant to
this Act.

(c) Where the PNRC 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 59 and 60 of this Act,
it’ may impose by order any of the following penalties in conformity with the
proceedings provided for in Section 23: suspension, modification, and revocation of
authorization, or imposition of a civil monetary penalty.

SEC. 23. Suspension, Modification, and Revocation of Authorizations.—Any
authorization issued pursuant to this Act may be suspended, modified or revoked by the
PNRC in the event of a willful violation of its conditions, when circumstances in which the
public interest, health, safety, or security so requires, when the conditions under which it was
issued are no longer complied with, or in any circumstance that continued activity under the
authorization shall pose an unacceptable risk to people or the environment: Provided, That
the licensee shall have been accorded an opportunity to demonstrate or achieve compliance
with the requirements. In all instances, the PNRC 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 PNRC 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 PNRC 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 PNRC 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. 24. Regulation to Ensure Radiation Safety. -
(a) The PNRC shall take the appropriate steps to ensure that:

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

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

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

(b) The PNRC shall establish dose limits for persons that may not be exceeded in
conducting activities under regulatory control;

(c) The PNRC shall identify sources or practices to be exempted from regulatory control.

(4) The PNRC shall establish clearance levels below which radioactive material within
authorized activities and practices can be released from regulatory control

(ec) The PNRC shall ensure that authorized facilities maintain a record of exposure of the
public, patients, and of workers occupationally exposed to ionizing radiation at their
work; and

(f) The PNRC shall promulgate appropriate regulations and related guidelines to
address all issues and concerns related to exposure to ionizing radiation from natural
sources

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

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

(b) Authorized persons shall ensure compliance with the requirements and dose limits
established by the PNRC 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 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. 26. Emergency Plan.— No authorization or license to conduct an activity or practice,
‘operate a facility or possess or use a source may be granted unless and until an appropriate
‘emergency preparedness and response plan has been developed by the applicant and
approved by the PNRC.

‘SEC. 27. Emergency Preparedness and Response.—The PNRC 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
PNRC 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

(c) 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.

ARTICLE VI
TRANSPORT OF NUCLEAR AND OTHER RADIOACTIVE MATERIAL

SEC. 28. Regulation in the Transport of Nuclear and Other Radioactive Material—The
PNRC 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 International Atomic Energy Agency (IAEA) regulations for the safe and
secure transport of radioactive material.

SEC. 29. Requirements for Authorization. — No person shall engage in the transport of
radioactive material without an authorization issued by the PNRC

ARTICLE VII
IMPORT AND EXPORT OF NUCLEAR
AND OTHER RADIOACTIVE MATERIALS

SEC. 30. Export or Import Control. - The PNRC shall

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

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

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

(3) Ensure before exportation that the importing country has the necessary and
appropriate technical and administrative capability, resources and regulatory
infrastructure to ensure the safe and secure management of the requested
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 Vill
MANAGEMENT OF SPENT NUCLEAR FUEL AND OTHER
RADIOACTIVE WASTE

SEC. 31. Regulation of Radioactive Waste and Spent Nuclear Fuel Management. - To
ensure the safe and secure management of radioactive waste and spent fuel, the PNRC
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) _ Assystem of authorization of radioactive waste and spent fuel management activities;

(c) _ Assystem 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

(4) 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,

e)

ARTICLE IX
SAFEGUARDS, PHYSICAL PROTECTION, AND SECURITY

SEC. 32. Safeguards. — The PNRC shall:

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

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

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

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

SEC. 33. Physical Protection and security of nuclear and other radioactive material. —

The PNRC 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 international treaties and conventions;

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

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

ARTICLE X
ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW

SEC. 34, Notice and Conduct of Hearing.
In any proceeding for the grant, suspension, revocation or amendment of any
authorization, or upon the issuance of an order, the PNRC shall hold a hearing upon the

4


request of any person whose interest may be affected and shall admit such person as a
party to the proceeding.

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

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

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

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

public.

SEC. 36. Judicial Review. ~ The Court of Appeals shall have the power of judicial review
‘over any final order or decision of the PNRC rendered under Section 35 of this Act and shall
modify or set aside such order or decision when it clearly appears that there was no
‘evidence before the PNRC 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, of by petition for review, in accordance with the Rules of Court, within such period as
the PNRC may rule or 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 said Court determines otherwise. Only questions of law on such
order or decision may be reviewed by the Supreme Court.

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

SEC. 38. Incident Reports. — No report by any licensee of any incident arising out of or in
connection with authorized activities made pursuant to any requirement of the PNRC 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. 39. Liability of the Operator.—The operator shall be 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:


(c)

(d)

(e)

(1) before tiability 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.

When the incident involved nuclear material sent to the operator's nuclear

installation, and occurred in either of the following circumstances:

(1) after the liability with regard to nuclear incidents involving the nuclear material
has been assumed by the operator pursuant to the express terms of a contract
in writing, 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

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

@ 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

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.

For the purpose of this Act, whenever the damage, whether it was caused purely by

a nuclear incident or 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 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. 40. Absolute and Exclusive Liability.-

(a)
(b)

(c)

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

(a)
(b)

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. 42. 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. 43. Exceptions to Liability An installation operator shall not be liable for any
nuclear damage caused by a nuclear accident directly due to hostilities, armed conflict, civil
war or insurrection.

SEC. 44. 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 to 300
million Special Drawing Rights (SDRs) 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 PNRC, in accordance
with international conventions ratified by the Philippines.

SEC. 45. Exemption from Liability. — The installation operator shall not be liable under this
Act for 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. 46. Exclusions. ~The PNRC 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 XIII: Provided, That maximum limits for the
exclusion of such quantities have been established by the Board of Governors of the
International Atomic Energy Agency: Provided, further, That any exclusion must be within
the limits so established.

SEC. 47. Certificate to Carrier. -In accordance with such regulations as the PNRC 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 sect

SEC. 48. 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 shalll be jointly and severally liable;

(6) 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 of the concerned
operators, and in accordance with Section 44 of this Act; and

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

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

SEC. 50 Carrier or Handler of Nuclear Material as Installation Operator. —
The PNRC 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 shall be considered as an installation operator for the purpose of this Section.

7


SEC. 51. 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. 52. Intervention of PNRC 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, at any
time before final judgment, allow the PNRC, upon its petition, to intervene in the proceedings
with respect to technical issues.

SEC. 53. Compulsory Processes. ~After the occurrence of a nuclear incident for which it
appears compensation may be payable under this Act, the PNRC 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 PNRC 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
fulfil or comply with the foregoing obligation.

SEC. 54. Investigation of Nuclear Incidents. - The PNRC 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 Xi
TRANSITORY PROVISIONS

SEC. 55. The Philippine Nuclear Research Institute.

(a) The Philippine Nuclear Research Institute (PNRI) shall be the scientific nuclear
organization in the country 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. 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 PNRC;

(©) 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 and Executive Order
No.366, are deemed transferred to the PNRC.

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

(©) Previous regulatory issuances — all regulations, rules, orders previously established
by the PNRI shall remain in force until superseded by the PNRC by appropriate
orders or issuances.

‘SEC. 56. The Center for Device Regulation, Radiation, Health and Research.

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


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

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

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

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

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

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

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

ARTICLE XII
PENAL PROVISIONS

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

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

ARTICLE XIV
FINAL PROVISIONS

SEC. 61. Appropriations. — The amount necessary to cover the initial implementation of
this Act shall be charged against the current year’s appropriations of the Nuclear Regulatory

19


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.

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

SEC. 62. Implementing Rules and Regulations. - The PNRC, in consultation with the
DOST, DBM and the CSC shall issue within one hundred eighty (180) days from the
effectivity of this Act, the rules and regulations necessary to effectively implement its
provisions.

SEC. 63. Separability Clause. -if any provision of this Act shall be declared
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full
force and effect.

SEC. 64. Repealing Clause. ~The pertinent provisions of Republic Act No. 2067, otherwise
known as the Science Act of 1958, as amended, Republic Act No. 5207, otherwise known as
the Atomic Energy Regulatory and Liability Act of 1968, as amended, Republic Act No. 9711
otherwise known as the Food and Drug Administration Act of 2009, Executive Order No. 128
Series of 1987 on Reorganizing the National Science and Technology Authority are hereby
repealed. All other laws, executive orders, proclamations, rules, regulations, and other
issuances or parts thereof which are inconsistent with the provisions of this act are hereby
repealed or amended accordingly.

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

Approved,