I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. WITHDRAWAL OF CONSENT OF CONGRESS TO 

2 DELAWARE RIVER PORT AUTHORITY INTER3 STATE COMPACT. 

4 (a) IN GENERAL.—Effective upon the expiration of 

5 the 1-year period which begins on the date of the enact6 ment of this Act, and subject to subsection (b), Congress 

7 withdraws the consent given under Public Law 82–573 to 

8 the supplemental compact or agreement between the State 

9 of New Jersey and the Commonwealth of Pennsylvania 

10 concerning the Delaware River Port Authority (hereafter 

11 in this Act referred to as the ‘‘Authority’’). 

12 (b) WAIVER OF WITHDRAWAL.—Subsection (a) shall 

13 not apply if, prior to the expiration of the period described 

14 in such subsection, the Delaware River Port Authority— 

15 (1) establishes an Office of the Inspector Gen16 eral of the Authority in accordance with section 2; 

17 (2) establishes a Citizens Advisory Board in ac18 cordance with section 3; 

19 (3) certifies to Congress that the Governor of 

20 Pennsylvania has the same authority to make line21 item vetoes of items in the budget of the Authority 

22 as the Governor of New Jersey; 

23 (4) enters into an agreement with the Secretary 

24 of Defense under which an officer of the Department 

25 of Defense designated by the Secretary shall serve as 


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1 a Commissioner of the Authority on an ex officio 

2 basis; and 

3 (5) enters into an agreement with the appro4 priate officials of the Federal Government under 

5 which the Authority will reimburse the Federal Gov6 ernment for any expenses incurred by any entity of 

7 the Federal Government in carrying out any require8 ment of this Act. 

9 SEC. 2. INSPECTOR GENERAL OF THE DELAWARE RIVER 

10 PORT AUTHORITY. 

11 (a) ESTABLISHMENT OF OFFICE.—The Authority 

12 shall establish in the Authority an Office of the Inspector 

13 General (hereafter referred to as the ‘‘Office’’), to be head14 ed by the Inspector General of the Delaware River Port 

15 Authority (hereafter referred to as the ‘‘Inspector Gen16 eral’’). 

17 (b) INSPECTOR GENERAL.— 

18 (1) APPOINTMENT.—The Inspector General 

19 shall be appointed by the vote of a majority of the 

20 Commissioners of the Authority, and shall be ap21 pointed without regard to political affiliation and 

22 solely on the basis of integrity and demonstrated 

23 ability in accounting, auditing, financial analysis, 

24 law, management analysis, public administration, or 


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1 investigations, as well as familiarity or experience 

2 with the operation of transit systems. 

3 (2) TERM OF SERVICE.—The Inspector General 

4 shall serve for a term of 5 years, and an individual 

5 serving as Inspector General may be reappointed for 

6 not more than 2 additional terms. 

7 (3) REMOVAL.—The Inspector General may be 

8 removed from office prior to the expiration of his 

9 term only by the unanimous vote of all of the mem10 bers of the Commissioners of the Authority, and the 

11 Authority shall communicate the reasons for any 

12 such removal to the Governor of Pennsylvania, the 

13 Governor of New Jersey, each Member of Congress 

14 from Pennsylvania, and each Member of Congress 

15 from New Jersey. 

16 (c) DUTIES.— 

17 (1) APPLICABILITY OF DUTIES OF INSPECTOR

18 GENERAL OF EXECUTIVE BRANCH ESTABLISH19 MENT.—The Inspector General shall carry out the 

20 same duties and responsibilities with respect to the 

21 Authority as an Inspector General of an establish22 ment carries out with respect to an establishment 

23 under section 4 of the Inspector General Act of 

24 1978 (5 U.S.C. App. 4), under the same terms and 

25 conditions which apply under such section. 


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1 (2) CONDUCTING ANNUAL AUDIT OF FINANCIAL

2 STATEMENTS.—The Inspector General shall be re3 sponsible for conducting the annual audit of the fi4 nancial accounts of the Authority, either directly or 

5 by contract with an independent external auditor se6 lected by the Inspector General. 

7 (3) REPORTS.— 

8 (A) SEMIANNUAL REPORTS TO AUTHOR9 ITY.—The Inspector General shall prepare and 

10 submit semiannual reports summarizing the ac11 tivities of the Office in the same manner, and 

12 in accordance with the same deadlines, terms, 

13 and conditions, as an Inspector General of an 

14 establishment under section 5 of the Inspector 

15 General Act of 1978 (5 U.S.C. App. 5). For 

16 purposes of applying section 5 of such Act to 

17 the Inspector General, the Commissioners of 

18 the Authority shall be considered the head of 

19 the establishment, except that the Inspector 

20 General shall transmit to the Executive Direc21 tor of the Authority a copy of any report sub22 mitted to the Commissioners pursuant to this 

23 paragraph. 

24 (B) ANNUAL REPORTS TO LOCAL SIGNA25 TORY GOVERNMENTS AND CONGRESS.—Not 


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1 later than January 15 of each year, the Inspec2 tor General shall prepare and submit a report 

3 summarizing the activities of the Office during 

4 the previous year, and shall submit such reports 

5 to the Governor of Pennsylvania, the Governor 

6 of New Jersey, each Member of Congress from 

7 Pennsylvania, and each Member of Congress 

8 from New Jersey. 

9 (4) INVESTIGATIONS OF COMPLAINTS OF EM10 PLOYEES AND MEMBERS.— 

11 (A) AUTHORITY.—The Inspector General 

12 may receive and investigate complaints or infor13 mation from an employee or member of the Au14 thority concerning the possible existence of an 

15 activity constituting a violation of law, rules, or 

16 regulations, or mismanagement, gross waste of 

17 funds, abuse of authority, or a substantial and 

18 specific danger to the public health and safety. 

19 (B) NONDISCLOSURE.—The Inspector 

20 General shall not, after receipt of a complaint 

21 or information from an employee or member, 

22 disclose the identity of the employee or member 

23 without the consent of the employee or member, 

24 unless the Inspector General determines such 


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1 disclosure is unavoidable during the course of 

2 the investigation. 

3 (C) PROHIBITING RETALIATION.—An em4 ployee or member of the Authority who has au5 thority to take, direct others to take, rec6 ommend, or approve any personnel action, shall 

7 not, with respect to such authority, take or 

8 threaten to take any action against any em9 ployee or member as a reprisal for making a 

10 complaint or disclosing information to the In11 spector General, unless the complaint was made 

12 or the information disclosed with the knowledge 

13 that it was false or with willful disregard for its 

14 truth or falsity. 

15 (5) INDEPENDENCE IN CARRYING OUT DU16 TIES.—Neither the Commissioners of the Authority, 

17 the Executive Director of the Authority, nor any 

18 other member or employee of the Transit Authority 

19 may prevent or prohibit the Inspector General from 

20 carrying out any of the duties or responsibilities as21 signed to the Inspector General under this section. 

22 (d) POWERS.— 

23 (1) IN GENERAL.—The Inspector General may 

24 exercise the same authorities with respect to the Au25 thority as an Inspector General of an establishment 


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1 may exercise with respect to an establishment under 

2 section 6(a) of the Inspector General Act of 1978 (5 

3 U.S.C. App. 6(a)), other than paragraphs (7), (8), 

4 and (9) of such section. 

5 (2) STAFF.— 

6 (A) ASSISTANT INSPECTOR GENERALS AND

7 OTHER STAFF.—The Inspector General shall 

8 appoint and fix the pay of— 

9 (i) an Assistant Inspector General for 

10 Audits, who shall be responsible for coordi11 nating the activities of the Inspector Gen12 eral relating to audits; 

13 (ii) an Assistant Inspector General for 

14 Investigations, who shall be responsible for 

15 coordinating the activities of the Inspector 

16 General relating to investigations; and 

17 (iii) such other personnel as the In18 spector General considers appropriate. 

19 (B) INDEPENDENCE IN APPOINTING

20 STAFF.—No individual may carry out any of 

21 the duties or responsibilities of the Office unless 

22 the individual is appointed by the Inspector 

23 General, or provides services procured by the 

24 Inspector General, pursuant to this paragraph. 

25 Nothing in this subparagraph may be construed 


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1 to prohibit the Inspector General from entering 

2 into a contract or other arrangement for the 

3 provision of services under this section. 

4 (C) APPLICABILITY OF AUTHORITY PER5 SONNEL RULES.—None of the regulations gov6 erning the appointment and pay of employees of 

7 the Authority shall apply with respect to the ap8 pointment and compensation of the personnel of 

9 the Office, except to the extent agreed to by the 

10 Inspector General. Nothing in the previous sen11 tence may be construed to affect subparagraphs 

12 (A) through (B). 

13 (3) EQUIPMENT AND SUPPLIES.—The Execu14 tive Director of the Authority shall provide the Of15 fice with appropriate and adequate office space, to16 gether with such equipment, supplies, and commu17 nications facilities and services as may be necessary 

18 for the operation of the Office, and shall provide 

19 necessary maintenance services for such office space 

20 and the equipment and facilities located therein. 

21 (e) TRANSFER OF FUNCTIONS.—To the extent that 

22 any office or entity in the Authority prior to the appoint23 ment of the first Inspector General under this section car24 ried out any of the duties and responsibilities assigned to 

25 the Inspector General under this section, the functions of 


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1 such office or entity shall be transferred to the Office upon 

2 the appointment of the first Inspector General under this 

3 section. 

4 SEC. 3. CITIZENS ADVISORY BOARD OF THE DELAWARE 

5 RIVER PORT AUTHORITY. 

6 (a) ESTABLISHMENT.—The Authority shall establish 

7 in the Authority the Delaware River Port Authority Citi8 zens Advisory Board (hereafter referred to as the ‘‘Advi9 sory Board’’). 

10 (b) BOARD.— 

11 (1) MEMBERSHIP; APPOINTMENT.—The Advi12 sory Board shall consist of 12 Members, of whom— 

13 (A) 3 shall be appointed jointly by Mem14 bers of Congress representing jurisdictions in 

15 Pennsylvania served by the Authority; 

16 (B) 3 shall be appointed jointly by Mem17 bers of Congress representing jurisdictions in 

18 New Jersey served by the Authority; 

19 (C) 3 shall be appointed by the Governor 

20 of Pennsylvania; and 

21 (D) 3 shall be appointed by the Governor 

22 of New Jersey. 

23 (2) CHAIR.—In addition to the Members ap24 pointed under paragraph (1), the Board shall have 

25 an additional Member who shall be the Chair and 


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1 who shall be appointed for a single 2-year term as 

2 follows: 

3 (A) The Chair appointed for the first 2- 

4 year term under this paragraph shall be ap5 pointed jointly by Members of Congress rep6 resenting jurisdictions in New Jersey served by 

7 the Authority. 

8 (B) The Chair appointed for the next 2- 

9 year term shall be appointed jointly by Mem10 bers of Congress representing jurisdictions in 

11 Pennsylvania served by the Authority. 

12 (C) The Chair appointed for the next 2- 

13 year term shall be appointed by the Governor of 

14 Pennsylvania. 

15 (D) The Chair appointed for the next 2- 

16 year term shall be appointed by the Governor of 

17 New Jersey. 

18 (E) The Chair appointed for any subse19 quent 2-year term shall be appointed in the 

20 same manner and in the same order as provided 

21 under subparagraphs (A) through (D). 

22 (3) QUALIFICATIONS.—Members of the Advi23 sory Board shall be individuals who are regular con24 sumers of the services provided by the Authority. 


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1 (4) TERM OF SERVICE; VACANCY.—A Member 

2 of the Advisory Board shall serve for a term of 2 

3 years, and may be reappointed for additional terms. 

4 A vacancy in the membership of the Advisory Board 

5 shall be filled in the same manner as the original ap6 pointment. 

7 (5) NO PAY FOR SERVICE.—Members of the 

8 Advisory Board shall serve without pay, but shall be 

9 compensated for travel expenses incurred in attend10 ing meetings of the Advisory Board. 

11 (c) DUTIES.— 

12 (1) IN GENERAL.—The Advisory Board shall 

13 solicit input from regular consumers of the services 

14 provided by the Authority and advise the Commis15 sioners of the Authority on issues relating to the op16 eration of the Authority which affect such con17 sumers. 

18 (2) MEETINGS.—The Advisory Board shall hold 

19 a regular meeting which shall be open to the public 

20 each calendar quarter. 

21 (3) ANNUAL REPORT.— 

22 (A) REPORT REQUIRED.—Not later than 

23 45 days after the end of each calendar year, the 

24 Advisory Board shall submit a report to the 

25 Commissioners of the Authority which describes 


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1 the Advisory Board’s activities during the year, 

2 and shall include in the report such rec3 ommendations relating to the operation of the 

4 Authority as the Advisory Board considers ap5 propriate. 

6 (B) RESPONSE BY COMMISSIONERS.—Not 

7 later than 45 days after the receiving the an8 nual report for a year from the Advisory Board 

9 under subparagraph (A), the Commissioners 

10 shall hold a public meeting for the sole purpose 

11 of reviewing the report. 

12 (d) EQUIPMENT AND SUPPLIES.—The Executive Di13 rector of the Authority shall provide the Advisory Board 

14 with appropriate and adequate office space, together with 

15 such equipment, supplies, and communications facilities 

16 and services as may be necessary for the operation of the 

17 Advisory Board, and shall provide necessary maintenance 

18 services for such office space and the equipment and facili19 ties located therein. 

Æ 


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