Republic of the Philippines
HOUSE OF REPRESENTATIVES},
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4267

Introduced by Representative Michael L. Romero

EXPLANATORY NOTE

In accordance the provisions of the constitution, it is hereby declared to be the
policy of the state to promote scientific and technological research and
development, foster invention, and utilize scientific knowledge as an effective
instrument for the promotion of national progress. At present-day, several Acts,
Decrees and Orders appear to be operative. Earlier actions were not always
repealed or revoked when new decisions were put in force.

The Philippine Nuclear Research Institute (PNRI) is currently the only RDI
(Research and Development Institute) under the DOST with quasi-judicial
functions. Moreover, the PNRI also 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.

This disintegration has resulted in differences in interpretation of the scope,
responsibility, and authority of the regulatory bodies between the subsequent
acts, decrees, and orders.

This House Bill seeks to integrate, coordinate, and intensify scientific and
technological research and development methods and to foster the application
and implementation for nuclear concerns; to provide funds therefor; and for
other purposes.


Thus, the early passage‘of this bill is earnestly requested.

pice < ROMERO Ph.D.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3a)

Introduced by Representative Michael L. Romero

AN ACT

CREATING THE PHILIPPINE NUCLEAR REGULATORY AND
RESEARCH COMMISSION, PROVIDING FUNDS THEREFOR, AND
FOR OTHER PURPOSES

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

SECTION 1. DECLARATION OF POLICY - It is hereby a declared
policy of the state to regulate the safe applications of nuclear science and
technology enhancement in the country.

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

the welfare and security of nuclear radiation resources and services.

SECTION 2. CREATION OF THE COMMISSION PHILIPPINE
NUCLEAR REGULATORY AND RESEARCH COMMISSION - There is hereby
created the Philippine Nuclear Regulatory and Research Commission (PNRRC),

hereinafter referred to as the Commission, that shall be an attached agency of


the Department Science and Technology (DOST) for its program direction,
coordination, technical and administrative supervision.

SECTION 3. SCOPE AND LIMITATION OF THE COMMISSION -
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.

SECTION 4. DIRECTIVE 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.

SECTION 5. CORE FUNCTIONS - The Commission shall conduct
the following:

A. Conduct research and development on the application of radiation
and nuclear techniques, materials and processes;

B. Undertake the transfer of research results to end-users, including
technical extension and training services;

C. Operate and maintain nuclear research reactors and other
radiation facilities; and

D. License and regulate activities relative to production, transfer and
utilization of nuclear radioactive substances.

SECTION 6. REGULATORY COURSE OF ACTION OF THE
COMMISSION — In issuing authorizations and regulations under this Act, the
Commission shall:

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


B, Prevent the spread of nuclear weapons and prevent nuclear or

radiological terrorism consistent with the obligations of the
Philippines under relevant international instruments;

. 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.

SECTION 7. MANDATE OF THE COMMISSION — The Commission
shall:

i, Define and formulate policies, regulations, standards, and
other issuances as a basis for its regulatory actions on nuclear
and radiation safety, security and safeguards;

ii, Develop and issue regulations and standards, regulatory
guides and other documents necessary for the
implementation of this Act and its implementing rules

iii. and regulations;

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

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

vi. Review and assess submissions on safety assessments and
security plans from the facility operators prior to
authorization and periodically thereafter, as required;

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


viii.

xii.

xiii.

xiv.

xvii.

Take enforcement measures as provided for under Section 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 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;


xviii.

xxii.

xxiii.

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;

i. 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; and

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 (DND) and other law enforcement agencies to conduct

inspections of atomic energy facilities, materials or any activity jointly with the

authorized representatives of the Commission when the national security of the

state is involved.

SECTION

8. ADMINISTRATION — The Commission shall establish,

implement, and assess a management system that is aligned with its safety goals

and contributes to its achievement.


The Commission shall ensure that regulatory control is stable and
consistent.
The Commission shall therefor ensure that all research and development

functions are conducted and meet.

SECTION 9. ORGANIZATION OF THE COMMISSION — The
Commission shall be headed by a Commissioner who shall be appointed by the
President of the republic, for a term of five (5) years with a rank equivalent to an
Undersecretary.

The Commissioner shall be assisted by two Assistant Commissioners who
shall be appointed by the President of the republic, with a term of three (3) years
respectively. Thereafter, the successors shall be appointed for five (5) years.

The Commissioner or at least one assistant commissioners shall have the
necessary scientific and technical qualifications, preferably an advanced degree
in natural sciences or engineering or a broad professional background and
expertise of the relevant 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 of the DOST for approval.

For the proper management and effective implementation of the objectives
of the Commission, a General Manager 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; and

d) Provide secretariat services to the Commission; and Perform
such other relevant functions necessary to implement the

provisions of this Act.

SECTION 10. 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 Philippine Nuclear Research Institute
(PNRI) and the licensing and regulatory group.

Thereafter, such sums as may be necessary for its continued
implementation shall be included in the annual General Appropriations Act
(GAA) on the year following the effectivity of this Act, and every year thereafter.

Funds appropriated for the Commission and its agencies shall, if obligated
by contract during the fiscal year for which appropriated, remain available for
expenditure for two (2) years following the expiration of the fiscal year for which
appropriated or for the duration of the contract under which is therefor obligated.

SECTION 11. PENALTIES AND SANCTIONS. — 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, shall suffer
the penalty of imprisonment of NOT LESS THAN FIVE (5) years or a fine of NOT
LESS THAN ONE MILLION PESOS (P1,000,000.00) or both.

SECTION 12. TRANSITORY PROVISION- Existing industries,
businesses and offices affected by the implementation of this Act shall be given
six (6) months transitory period from the effectivity of the IRR or such other
period as may be determined, to comply with the requirements of this Act.


All files, records, supplies, equipment, buildings, personnel, funds and
unexpended balance of appropriations of the National Science Board, the
National Scientific and Industrial Research Institute and the Philippine Nuclear
Energy Commission, are hereby transferred respectively to the Commission,
subject to the prevailing provisions of the republic of the Philippines.

SECTION 13. IMPLEMENTING RULES AND REGULATIONS. - The
departments and agencies charged with carrying out the provisions of this Act
shall, within sixty (60) days after the effectivity of this Act, formulate the
necessary rules and regulations for its effective implementation.

‘ SECTION 14, REPEALING CLAUSE. - All laws, decrees, executive
orders, rules and regulations, or parts thereof inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.

SECTION 15. SEPARABILITY CLAUSE. - If, for any reason, any
section or provision of this Act is held unconstitutional or invalid, the other
sections or provisions hereof shall not be affected thereby.

SECTION 16. EFFECTIVITY CLAUSE. - This Act shall take effect
after fifteen (15) days from its publication in the Official Gazette or in at least two

(2) national newspapers of general circulation whichever comes earlier.

"Approved,