ADDITIONAL INSPECTION AND TESTING.

SEC. 207. ADDITIONAL INSPECTION AND TESTING. (a) Inspection and Testing.— Section 210 of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2009) is amended by adding at the end the following new subsection: “(d) Secretary’s Responsibilities.— “(1) In general.— The Secretary shall inspect and, as appropriate, shall require testing of pipeline facilities subject to this title and not covered by an agreement or certification under section 205 to ensure the safety of such pipeline facilities. To the extent and in such amounts as are provided in advance by appropriation Acts, such inspections shall be at intervals determined under paragraph (2) but no less frequently than once every 2 years thereafter. Such inspections shall begin as soon as feasible, but in no event more than 1 year after the date of the enactment of this subsection. Such testing shall be performed using the most appropriate technology practicable. “(2) Criteria for frequency and type.— The frequency and type of inspection and testing under this subsection shall be determined by the Secretary on a case-by-case basis after consideration of the following factors: 102 STAT. 2812 “(A) The location of the pipeline facilities. “(B) The type, size, age, manufacture, method of construction, and condition of the pipeline facilities. “(C) The nature and volume of the materials transported through the pipeline facilities and the pressure at which they are transported. “(D) The climatic, geologic, and seismic characteristics of, and conditions (including soil characteristics) associated with the areas in which the pipeline facilities are located, and the existing and projected population and demographic characteristics associated with such areas. “(E) The frequency of leaks, if any. “(F) Any other factors determined by the Secretary to be relevant to the safety of pipeline facilities.”. (b) Instrumented Internal Inspection Devices.— Section 203 of such Act (49 U.S.C. App. 2002) is amended by inserting at the end the following new subsection: “(k) Instrumented Internal Inspection Devices.— The Secretary shall, by regulation, establish minimum Federal safety standards requiring that— “(1) the design and construction of new pipeline facilities, and “(2) when the replacement of existing pipeline facilities or equipment is required, the replacement of such existing facilities, be carried out, to the extent practicable, in a manner so as to accommodate the passage through such pipeline facilities of instrumented internal inspection devices (commonly referred to as ‘smart pigs’).”. (c) Technical Correction.— Section 210 of such Act (49 U.S.C. App. 2009) is amended by striking the last sentence of subsection (c)(3) and inserting such sentence at the end of subsection (a).