[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6202 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6202

 To withdraw the consent of Congress to the interstate compact between 
the State of New Jersey and the Commonwealth of Pennsylvania concerning 
       the Delaware River Port Authority, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2010

Mr. Brady of Pennsylvania (for himself and Mr. Andrews) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committee on Transportation and Infrastructure, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To withdraw the consent of Congress to the interstate compact between 
the State of New Jersey and the Commonwealth of Pennsylvania concerning 
       the Delaware River Port Authority, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WITHDRAWAL OF CONSENT OF CONGRESS TO DELAWARE RIVER PORT 
              AUTHORITY INTERSTATE COMPACT.

    (a) In General.--Effective upon the expiration of the 1-year period 
which begins on the date of the enactment of this Act, and subject to 
subsection (b), Congress withdraws the consent given under Public Law 
82-573 to the supplemental compact or agreement between the State of 
New Jersey and the Commonwealth of Pennsylvania concerning the Delaware 
River Port Authority (hereafter in this Act referred to as the 
``Authority'').
    (b) Waiver of Withdrawal.--Subsection (a) shall not apply if, prior 
to the expiration of the period described in such subsection, the 
Delaware River Port Authority--
            (1) establishes an Office of the Inspector General of the 
        Authority in accordance with section 2;
            (2) establishes a Citizens Advisory Board in accordance 
        with section 3;
            (3) certifies to Congress that the Governor of Pennsylvania 
        has the same authority to make line-item vetoes of items in the 
        budget of the Authority as the Governor of New Jersey;
            (4) enters into an agreement with the Secretary of Defense 
        under which an officer of the Department of Defense designated 
        by the Secretary shall serve as a Commissioner of the Authority 
        on an ex officio basis; and
            (5) enters into an agreement with the appropriate officials 
        of the Federal Government under which the Authority will 
        reimburse the Federal Government for any expenses incurred by 
        any entity of the Federal Government in carrying out any 
        requirement of this Act.

SEC. 2. INSPECTOR GENERAL OF THE DELAWARE RIVER PORT AUTHORITY.

    (a) Establishment of Office.--The Authority shall establish in the 
Authority an Office of the Inspector General (hereafter referred to as 
the ``Office''), to be headed by the Inspector General of the Delaware 
River Port Authority (hereafter referred to as the ``Inspector 
General'').
    (b) Inspector General.--
            (1) Appointment.--The Inspector General shall be appointed 
        by the vote of a majority of the Commissioners of the 
        Authority, and shall be appointed without regard to political 
        affiliation and solely on the basis of integrity and 
        demonstrated ability in accounting, auditing, financial 
        analysis, law, management analysis, public administration, or 
        investigations, as well as familiarity or experience with the 
        operation of transit systems.
            (2) Term of service.--The Inspector General shall serve for 
        a term of 5 years, and an individual serving as Inspector 
        General may be reappointed for not more than 2 additional 
        terms.
            (3) Removal.--The Inspector General may be removed from 
        office prior to the expiration of his term only by the 
        unanimous vote of all of the members of the Commissioners of 
        the Authority, and the Authority shall communicate the reasons 
        for any such removal to the Governor of Pennsylvania, the 
        Governor of New Jersey, each Member of Congress from 
        Pennsylvania, and each Member of Congress from New Jersey.
    (c) Duties.--
            (1) Applicability of duties of inspector general of 
        executive branch establishment.--The Inspector General shall 
        carry out the same duties and responsibilities with respect to 
        the Authority as an Inspector General of an establishment 
        carries out with respect to an establishment under section 4 of 
        the Inspector General Act of 1978 (5 U.S.C. App. 4), under the 
        same terms and conditions which apply under such section.
            (2) Conducting annual audit of financial statements.--The 
        Inspector General shall be responsible for conducting the 
        annual audit of the financial accounts of the Authority, either 
        directly or by contract with an independent external auditor 
        selected by the Inspector General.
            (3) Reports.--
                    (A) Semiannual reports to authority.--The Inspector 
                General shall prepare and submit semiannual reports 
                summarizing the activities of the Office in the same 
                manner, and in accordance with the same deadlines, 
                terms, and conditions, as an Inspector General of an 
                establishment under section 5 of the Inspector General 
                Act of 1978 (5 U.S.C. App. 5). For purposes of applying 
                section 5 of such Act to the Inspector General, the 
                Commissioners of the Authority shall be considered the 
                head of the establishment, except that the Inspector 
                General shall transmit to the Executive Director of the 
                Authority a copy of any report submitted to the 
                Commissioners pursuant to this paragraph.
                    (B) Annual reports to local signatory governments 
                and congress.--Not later than January 15 of each year, 
                the Inspector General shall prepare and submit a report 
                summarizing the activities of the Office during the 
                previous year, and shall submit such reports to the 
                Governor of Pennsylvania, the Governor of New Jersey, 
                each Member of Congress from Pennsylvania, and each 
                Member of Congress from New Jersey.
            (4) Investigations of complaints of employees and 
        members.--
                    (A) Authority.--The Inspector General may receive 
                and investigate complaints or information from an 
                employee or member of the Authority concerning the 
                possible existence of an activity constituting a 
                violation of law, rules, or regulations, or 
                mismanagement, gross waste of funds, abuse of 
                authority, or a substantial and specific danger to the 
                public health and safety.
                    (B) Nondisclosure.--The Inspector General shall 
                not, after receipt of a complaint or information from 
                an employee or member, disclose the identity of the 
                employee or member without the consent of the employee 
                or member, unless the Inspector General determines such 
                disclosure is unavoidable during the course of the 
                investigation.
                    (C) Prohibiting retaliation.--An employee or member 
                of the Authority who has authority to take, direct 
                others to take, recommend, or approve any personnel 
                action, shall not, with respect to such authority, take 
                or threaten to take any action against any employee or 
                member as a reprisal for making a complaint or 
                disclosing information to the Inspector General, unless 
                the complaint was made or the information disclosed 
                with the knowledge that it was false or with willful 
                disregard for its truth or falsity.
            (5) Independence in carrying out duties.--Neither the 
        Commissioners of the Authority, the Executive Director of the 
        Authority, nor any other member or employee of the Transit 
        Authority may prevent or prohibit the Inspector General from 
        carrying out any of the duties or responsibilities assigned to 
        the Inspector General under this section.
    (d) Powers.--
            (1) In general.--The Inspector General may exercise the 
        same authorities with respect to the Authority as an Inspector 
        General of an establishment may exercise with respect to an 
        establishment under section 6(a) of the Inspector General Act 
        of 1978 (5 U.S.C. App. 6(a)), other than paragraphs (7), (8), 
        and (9) of such section.
            (2) Staff.--
                    (A) Assistant inspector generals and other staff.--
                The Inspector General shall appoint and fix the pay 
                of--
                            (i) an Assistant Inspector General for 
                        Audits, who shall be responsible for 
                        coordinating the activities of the Inspector 
                        General relating to audits;
                            (ii) an Assistant Inspector General for 
                        Investigations, who shall be responsible for 
                        coordinating the activities of the Inspector 
                        General relating to investigations; and
                            (iii) such other personnel as the Inspector 
                        General considers appropriate.
                    (B) Independence in appointing staff.--No 
                individual may carry out any of the duties or 
                responsibilities of the Office unless the individual is 
                appointed by the Inspector General, or provides 
                services procured by the Inspector General, pursuant to 
                this paragraph. Nothing in this subparagraph may be 
                construed to prohibit the Inspector General from 
                entering into a contract or other arrangement for the 
                provision of services under this section.
                    (C) Applicability of authority personnel rules.--
                None of the regulations governing the appointment and 
                pay of employees of the Authority shall apply with 
                respect to the appointment and compensation of the 
                personnel of the Office, except to the extent agreed to 
                by the Inspector General. Nothing in the previous 
                sentence may be construed to affect subparagraphs (A) 
                through (B).
            (3) Equipment and supplies.--The Executive Director of the 
        Authority shall provide the Office with appropriate and 
        adequate office space, together with such equipment, supplies, 
        and communications facilities and services as may be necessary 
        for the operation of the Office, and shall provide necessary 
        maintenance services for such office space and the equipment 
        and facilities located therein.
    (e) Transfer of Functions.--To the extent that any office or entity 
in the Authority prior to the appointment of the first Inspector 
General under this section carried out any of the duties and 
responsibilities assigned to the Inspector General under this section, 
the functions of such office or entity shall be transferred to the 
Office upon the appointment of the first Inspector General under this 
section.

SEC. 3. CITIZENS ADVISORY BOARD OF THE DELAWARE RIVER PORT AUTHORITY.

    (a) Establishment.--The Authority shall establish in the Authority 
the Delaware River Port Authority Citizens Advisory Board (hereafter 
referred to as the ``Advisory Board'').
    (b) Board.--
            (1) Membership; appointment.--The Advisory Board shall 
        consist of 12 Members, of whom--
                    (A) 3 shall be appointed jointly by Members of 
                Congress representing jurisdictions in Pennsylvania 
                served by the Authority;
                    (B) 3 shall be appointed jointly by Members of 
                Congress representing jurisdictions in New Jersey 
                served by the Authority;
                    (C) 3 shall be appointed by the Governor of 
                Pennsylvania; and
                    (D) 3 shall be appointed by the Governor of New 
                Jersey.
            (2) Chair.--In addition to the Members appointed under 
        paragraph (1), the Board shall have an additional Member who 
        shall be the Chair and who shall be appointed for a single 2-
        year term as follows:
                    (A) The Chair appointed for the first 2-year term 
                under this paragraph shall be appointed jointly by 
                Members of Congress representing jurisdictions in New 
                Jersey served by the Authority.
                    (B) The Chair appointed for the next 2-year term 
                shall be appointed jointly by Members of Congress 
                representing jurisdictions in Pennsylvania served by 
                the Authority.
                    (C) The Chair appointed for the next 2-year term 
                shall be appointed by the Governor of Pennsylvania.
                    (D) The Chair appointed for the next 2-year term 
                shall be appointed by the Governor of New Jersey.
                    (E) The Chair appointed for any subsequent 2-year 
                term shall be appointed in the same manner and in the 
                same order as provided under subparagraphs (A) through 
                (D).
            (3) Qualifications.--Members of the Advisory Board shall be 
        individuals who are regular consumers of the services provided 
        by the Authority.
            (4) Term of service; vacancy.--A Member of the Advisory 
        Board shall serve for a term of 2 years, and may be reappointed 
        for additional terms. A vacancy in the membership of the 
        Advisory Board shall be filled in the same manner as the 
        original appointment.
            (5) No pay for service.--Members of the Advisory Board 
        shall serve without pay, but shall be compensated for travel 
        expenses incurred in attending meetings of the Advisory Board.
    (c) Duties.--
            (1) In general.--The Advisory Board shall solicit input 
        from regular consumers of the services provided by the 
        Authority and advise the Commissioners of the Authority on 
        issues relating to the operation of the Authority which affect 
        such consumers.
            (2) Meetings.--The Advisory Board shall hold a regular 
        meeting which shall be open to the public each calendar 
        quarter.
            (3) Annual report.--
                    (A) Report required.--Not later than 45 days after 
                the end of each calendar year, the Advisory Board shall 
                submit a report to the Commissioners of the Authority 
                which describes the Advisory Board's activities during 
                the year, and shall include in the report such 
                recommendations relating to the operation of the 
                Authority as the Advisory Board considers appropriate.
                    (B) Response by commissioners.--Not later than 45 
                days after the receiving the annual report for a year 
                from the Advisory Board under subparagraph (A), the 
                Commissioners shall hold a public meeting for the sole 
                purpose of reviewing the report.
    (d) Equipment and Supplies.--The Executive Director of the 
Authority shall provide the Advisory Board with appropriate and 
adequate office space, together with such equipment, supplies, and 
communications facilities and services as may be necessary for the 
operation of the Advisory Board, and shall provide necessary 
maintenance services for such office space and the equipment and 
facilities located therein.
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