Section 10Sec./Art. 10

Powers and Functions of the PhilATOM. - The PhilATOM shall have the following powers and functions:

I. Regulatory functions and responsibilities:

(a) Enforce the implementing rules and regulations (IRR) of this Act;

(b) Assist the National Government in the development of national policies and strategies for safety and security, and measures for the control of regulated facilities and activities and exposures from naturally occurring radioactive materials;

(c) Issue regulations, standards, and guides necessary for the implementation of this Act;

(d) Review and assess applications for authorizations and other information submitted to it by prospective and existing authorized parties, and issue such authorizations for nuclear and radiation facilities and its associated activities;

(e) Set the terms and conditions for the issuance or renewal of authorizations;

(f) Adopt the schedule of fees and charges for authorizations;

(g) Suspend, modify, or revoke authorizations, after due notice and hearing, which fail to comply with the provisions hereof, the IRR or any order, resolution, rule or regulation;

(h) Define exemptions and exclusions from regulatory control;

(i) Establish and maintain a national registry of radiation sources;

(j) Establish and maintain a national registry of: (1) persons authorized to carry out activities or practices under this Act; and (2) dose of workers who are occupationally exposed to ionizing radiation;

(k) Inspect, monitor and assess facilities and activities for the purpose of verifying compliance with this Act, applicable regulations and the terms and conditions of authorizations;

(l) Take enforcement measures in the event of non-compliance with this Act, applicable regulations or the terms and conditions of authorization;

(m) Hold hearings and conduct investigations and for these purposes to administer oaths and affirmations and by subpoena to require any person to appear and testify, or to appear and produce documents at any designated place;

(n) In the exercise of its investigative and quasi-judicial powers, act against any regulated entity for violations of any law, rule and regulation governing the same, and require any person or entity to submit any report or data relative to any investigation or hearing conducted pursuant to this Act;

(o) Issue notices of violation, suspension, modification, revocation, and other enforcement actions;

(p) Inform and consult with the public and other stakeholders regarding regulatory processes through appropriate mechanisms and procedures that shall be established by it;

(q) Cooperate and coordinate with the IAEA in the application of nuclear safeguards in accordance with the Safeguards Agreements, and any protocols thereto, between the Philippines and the IAEA, including conducting inspections and visits, carrying out complementary access and providing any assistance or information required by designated IAEA inspectors in the fulfilment of their responsibilities;

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

(s) Cooperate with and advise other governmental or non-governmental bodies in the Philippines having competence in health and safety, environmental protection, land use and planning, emergency planning, security, and transportation of dangerous goods;

(t) Exchange information and cooperate directly with regulatory bodies in other States and with relevant international organizations concerning matters arising from its functions and responsibilities;

(u) Establish a training center and develop capacity building and scholarship programs for human resources, aligning with the PhilATOMs mandate through competence management including the latest technology such as small modular reactors (SMR) and micromodular reactors (MMR);

(v) Install and maintain radiation monitoring stations;

(w) Establish and maintain a nuclear security support and coordinating center;

(x) Establish and maintain a national decision support center for radiological or nuclear emergency;

(y) Carry out or arrange the conduct of research on radiation safety and security necessary to implement its functions;

(z) Facilitate the development of the nuclear security threat assessment, design basis threat (DBT) and/or representative threat statement (RTS), for the implementation of nuclear security provisions;

(aa) Establish mechanisms for the formal recognition of technical service providers of facilities and equipment related to training, dosimetry, calibration, and other technical services as determined by the PhilATOM;

(bb) Establish a system for the licensing of operators to conduct activities associated with the operation of nuclear installations that shall include conditions related to all aspects of safeguards implementation;

(cc) Establish a mechanism for the formal recognition of qualified experts and certification for radiation protection officers;

(dd) Impose fines or penalties for any non-compliance with or breach of this Act, its IRR, and the rules and regulations which it promulgates or administers;

(ee) Facilitate the Philippines implementation of the international instruments to which it is a party in the areas of nuclear safety, security, and safeguards; and

(ff) Control and oversee the use of nuclear material and nuclear related activities consistent with the Philippines obligations under the Safeguards Agreements and Additional Protocol;

II. Administrative functions and responsibilities:

(a) Establish the general policy of the PhilATOM and its strategic plans;

(b) Adopt the organizational structure of the PhilATOM and employ a sufficient number of qualified and competent human resources, commensurate with the nature and the number of facilities and activities to be regulated, to perform its functions and to discharge its responsibilities. Personnel appointed to the PhilATOM shall not have any direct or indirect interest in facilities and activities or authorized parties;

(c) 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 PhilATOM deems appropriate;

(d) Receive and retain all funds allocated to it and have the financial independence to deal with its funds and income consisting of the following; (1) income generated by carrying out its regulatory functions; and (2) contributions, grants, bequests, and donations, in cash or in kind, whether from local or foreign sources; Provided, That such donations which the PhilATOM resolves to accept and does not conflict with its mandate shall be exempt from donors tax; Provided, further, That the same income shall be considered as allowable deduction from gross income for purposes of computing the taxable income of the donor, in accordance with Section 34(H)(2)(A) of the National Internal Revenue Code of 1997, as amended.

The 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 Secretary of the Department of Foreign Affairs (DFA) or the Secretary of the Department of Finance (DOF), whichever is applicable;

(e) Deposit in an authorized government depository bank as a special regulatory fund all income that the PhilATOM is allowed to retain under this Act; Provided, That any interest earned by such fund shall form part of the PhilATOMs retained income; Provided, further. That such fund shall be used primarily for the acquisition of office and laboratory space, human resource development and expansion, purchase of equipment and motor vehicles, upgrading of its current facilities and equipment and maintenance, expenses in case of legal actions against the officials and employees of the PhilATOM in the course of the exercise of their official functions and duties, and other operating expenses in the performance of its mandate or independence; Provided, furthermore.

That the retention, use, and application of this fund shall not be delayed, amended, altered, or modified, or affected in any way by an order or directive from any executive office but shall be subject to the general accounting rules and guidelines by the Commission on Audit (COA); Provided, finally, That the PhilATOM shall submit annually to the Department of Budget and Management (DBM) and to the Joint Congressional Oversight Committee, created under this Act, a report on its collection, how the funds were utilized, including the accomplishments;

(f) Establish and implement a management system that is aligned with its safety and security goals and contributes to their achievement; Provided, That the management system shall foster and support safety and security culture through the development and reinforcement of leadership as well as good attitudes and behavior in relation to safety and security on the part of individuals and teams; Provided, further. That the management system shall be continuously assessed and improved;

(g) Set aside a reallocation to be taken from all remittances of the universal charges currently imposed and collected equivalent to half a centavo per kilo watt hour (P0.0()5/l?Wh) which shall be for the benefit of the PhilATOM. The fund shall be administered by the Power Sector Assets and Liabilities Management Corporation (PSALM), or its successor: Provided, That the period of share for the PhilATOM shall in no case exceed ten (10) years from the effectivity of this Act.

As administrator of the fund, PSALM shall create a special trust fund with the Development Bank of the Philippines (DBP) which shall be automatically released to the PhilATOM every 20th day of the month following its collection.

The fund shall be used exclusively by the PhilATOM in an open and transparent manner for the following purposes:

(1) Construction of buildings or acquisition of office and laboratory space;

(2) Human resource development and expansion, including the hiring of local or foreign consultants;

(3) Purchase of equipment and motor vehicles;

(4) Upgrading of its facilities, equipment, and maintenance; and

(5) Other operating expense of the PhilATOM in the performance of its mandate to ensure adequate protection to the public and the environment.

In no case shall any new collection or increase in the total universal charge be allowed based on this Act; and

(h) Perform other functions and responsibilities that are necessary in its judgment to fulfill its mandate as set forth in this Act.

The PhilATOM shall submit to Congress an annual report detailing its financial operations, including the receipt and utihzatioii of all funds, grants, foreign donations, regulatory fees, and other income. The report shall likewise include its organizational targets, measurable performance indicators, and actual accomphshments for the preceding fiscal year. Such report shall be submitted not later than March 31 of each year and shall be made accessible to the public through publication on the official website of the PhilATOM.