retary shall publish a report on progress in achieving com-
pliance with this title, including— 
‘‘(1) an assessment of the effectiveness of the 
facility security plans developed under this title; 
‘‘(2) any lessons learned in implementing this 
title; and 
‘‘(3) any recommendations of the Secretary to 
improve the programs, plans, and procedures under 
this title. 
‘‘(b) PROTECTED INFORMATION.—A report under 
this section may not include information protected under 
section 1808. 
‘‘SEC. 1811. APPLICABILITY. 
‘‘This title shall not apply to— 
‘‘(1) any facility that is owned and operated by 
the Department of Defense, the Department of Jus-
tice, or the Department of Energy; 
‘‘(2) the transportation in commerce, including 
incidental storage, of any substance of concern regu-
lated as a hazardous material under chapter 51 of 
title 49, United States Code; or 
‘‘(3) any facility that is owned or operated by 
a licensee or certificate holder of the Nuclear Regu-
latory Commission. 
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‘‘SEC. 1812. SAVINGS CLAUSE. 
‘‘Nothing in this title is intended to affect section 112 
of the Clean Air Act (42 U.S.C. 7412), the Clean Water 
Act, the Resource Conservation and Recovery Act, and the 
National Environmental Policy Act of 1969.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end the following: 
‘‘TITLE XVIII—REGULATION OF CHEMICAL FACILITIES 
‘‘Sec. 1801. Definitions. 
‘‘Sec. 1802. Designation and ranking of chemical facilities. 
‘‘Sec. 1803. Vulnerability assessments and facility security plans. 
‘‘Sec. 1804. Record keeping; site inspections. 
‘‘Sec. 1805. Enforcement. 
‘‘Sec. 1806. Penalties. 
‘‘Sec. 1807. Federal preemption. 
‘‘Sec. 1808. Protection of information. 
‘‘Sec. 1809. Certification of third-party auditors. 
‘‘Sec. 1810. Annual report to Congress. 
‘‘Sec. 1811. Applicability. 
‘‘Sec. 1812. Savings clause. 
SEC. 3. REPORT TO CONGRESS. 
(a) UPDATED REPORT.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of Home-
land Security shall submit to the Committee on Homeland 
Security of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate an update of the national strategy for the 
chemical sector that is required to be submitted by the 
Secretary to the Committee on Appropriations of the 
House of Representatives and the Committee of Appro-
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priations of the Senate by not later than February 10, 
2006. 
(b) PROTECTED INFORMATION.—A report under this 
section may not include information protected under sec-
tion 1808 of the Homeland Security Act of 2002, as added 
by section 3. 
SEC. 4. INSPECTOR GENERAL REPORT. 
(a) REPORT REQUIRED.—Not later than 1 year after 
the date on which the regulations required to be prescribed 
under this Act are prescribed, the Inspector General of 
the Department of Homeland Security shall submit a re-
port to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate that reviews 
the effectiveness of the implementation of this Act, includ-
ing the effectiveness of facility security plans required 
under this Act and any recommendations to improve the 
programs, plans, and procedures required under this Act. 
(b) CLASSIFIED ANNEX.—The Inspector General 
may issue a classified annex to the report if the Inspector 
General determines a classified annex is necessary. 
SEC. 5. DEADLINE FOR REGULATIONS. 
The Secretary shall prescribe the regulations required 
to be prescribed under section 1803(a) of the Homeland 
Security Act of 2002, as added by section 1(a), by not 
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later than one year after the date of the enactment of this 
Act. 
Æ 
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