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.

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.

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.