[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5423 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5423

To provide for the annual audit of the White County Bridge Commission, 
for the New Harmony Bridge over the Wabash River, Indiana and Illinois, 
 for the filling of vacancies in the membership thereof, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 2002

Mr. Shimkus (for himself, Mr. Johnson of Illinois, and Mr. Hostettler) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To provide for the annual audit of the White County Bridge Commission, 
for the New Harmony Bridge over the Wabash River, Indiana and Illinois, 
 for the filling of vacancies in the membership thereof, 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. AUDIT PROCEDURES.

    (a) In General.--
            (1) Annual audit requirement.--The White County Bridge 
        Commission (created by the Act approved April 12, 1941 (55 
        Stat. 140) and in this Act referred to as the ``Commission'') 
        shall provide for an annual audit of its financial transactions 
        by an independent public accountant of recognized standing in 
        such manner as prescribed by the Governors of the States of 
        Indiana and Illinois and in accordance with generally accepted 
        auditing standards.
            (2) Availability of records.--The Commission shall make 
        available for purposes of the audit all books, accounts, 
        financial records, reports, files, and all other papers, 
        documents, or property belonging to or in use by the 
        Commission.
            (3) GAO advice.--The General Accounting Office is 
        authorized and directed to make available its advice on any 
        matter pertaining to an audit performed pursuant to this 
        section.
    (b) Audit Report.--The Commission within 4 months following the 
close of the fiscal year for which the audit is made shall submit a 
copy of the audit report to the Governors of the States of Indiana and 
Illinois and to the Secretary of Commerce. The report shall set forth 
the scope of the audit and shall include a statement of assets and 
liabilities, capital, and surplus or deficits; a statement of surplus 
or deficit analysis, a statement of income and expense; a statement of 
sources and application of funds; and such comments and information as 
may be deemed necessary to keep the Governors and the Secretary 
informed of the operations and financial condition of the Commission.
    (c) Additional Audits.--The Governor of the State of Indiana or 
Illinois or the Secretary of Commerce is authorized to provide for the 
conduct of further audits of the Commission if the audit report 
submitted under subsection (b) is not satisfactory to the Governor or 
the Secretary, as the case may be.
    (d) Cost.--The Commission shall bear all expenses of the annual 
audit of its financial transactions as required by this section. All 
expenses of any additional audit required under this section shall be 
paid by the official or agency requesting such additional audit.

SEC. 2. MEMBERSHIP.

    (a) Continuation.--Each person who is a member, on the date of 
enactment of this Act, of the Commission shall continue in office until 
the expiration of his or her present term, except as provided in 
subsection (b).
    (b) Terms of Office.--Notwithstanding any other provision of law, 
the term of office of each person who is a member of the Commission on 
the date of enactment of this Act shall expire on the 90th day 
following such date of enactment. The Secretary of Commerce may 
thereupon appoint 3 persons as members of the Commission, 1 for a term 
of 2 years, 1 for a term of 4 years, and 1 for a term of 6 years. Each 
person appointed as a member of the Commission thereafter shall be a 
resident of White County, Illinois, or Posey County, Indiana, and shall 
be appointed for a term of 6 years, except that a person appointed to 
fill a vacancy shall serve only for the unexpired term of his 
predecessor.
    (c) Bond.--Each person appointed under this section shall give such 
bond as may be fixed by the Secretary, conditioned upon the faithful 
performance of all duties required by this Act. The cost of such bonds 
shall be deemed an operating expense of the Commission.
    (d) Chairman.--The Secretary shall designate the member of the 
Commission who shall serve as chairman for a term of 2 years and the 
member who shall serve as vice chairman for a term of 2 years.
    (e) Vacancies.--Vacancies in the Commission shall not affect its 
powers and shall be filled in the same manner as the original 
appointments were made. Incumbent members whose terms have expired 
shall hold over in office until their successors are appointed and 
qualified.
    (f) Rules.--The Commission shall have power to establish rules and 
regulations for the government of its business.
    (g) Oath.--Each member appointed under this Act shall qualify 
within 30 days after appointment by filing with the Secretary of 
Commerce an oath that he will faithfully perform the duties imposed 
upon him by law.
    (h) Removal for Cause.--Each member appointed under this Act shall 
be removable for cause by the Secretary of Commerce.
    (i) Limitation on Applicability.--This section shall not be 
applicable to ex officio members or State highway department members of 
the Commission.

SEC. 3. ANNUAL REPORT.

    (a) Submission.--The Commission shall submit an annual report 
covering its operations and fiscal transactions during the preceding 
fiscal year and its financial condition and a statement of all receipts 
and expenditures during such period to the Governors of the States of 
Indiana and Illinois and to the Secretary of Commerce not later than 4 
months following the last day of the fiscal year for which the audit 
required under section 1 of this Act is made.
    (b) Review.--The Secretary shall review such annual reports and 
audit reports submitted under section 1(b) of this Act and shall make 
recommendations to Congress based upon such review, or take such other 
action as the Secretary may consider necessary, to effectuate the 
intent of Congress as established by this Act and by the Act approved 
April 12, 1941 (55 Stat. 140).

SEC. 4. AUTHORITY TO TRANSFER.

    Authority is granted to transfer all functions, powers, duties, 
responsibilities, authority, assets, liability, obligations, books, 
records, property, and equipment of the Commission, to the highway 
department or other agency of the States of Indiana and Illinois, or to 
joint agencies established by interstate compact or agreement. Such 
transfer shall be carried out in a manner as may be prescribed or 
authorized by the laws of the States. Upon such transfer, the 
Commission shall cease to exist.

SEC. 5. SPECIAL RULES.

    (a) Enforcement.--All provisions of the Act approved April 12, 1941 
(55 Stat. 144), may be enforced or the violation thereof prevented by 
mandamus, injunction, or other appropriate remedy by the chief legal 
officer of either the State of Indiana or Illinois in any court having 
competent jurisdiction of the subject matter and of the parties.
    (b) Non-Federal Employees.--Members and employees of the Commission 
shall not be treated as Federal officers and employees.
    (c) Pay.--
            (1) Per diem; travel expenses.--The members of the 
        Commission shall each be entitled to a per diem compensation 
        for their services of $20 for each day actually spent in the 
        business of the Commission, but the maximum per diem 
        compensation of the chairman in any 1 year shall not exceed 
        $3,000 and of each other member in any 1 year shall not exceed 
        $2,000. The members of the Commission shall also be entitled to 
        receive traveling expense allowance of the standard mileage 
        rate for each mile actually traveled on the business of the 
        Commission.
            (2) Treatment of payments.--Payments under the provisions 
        of this subsection shall be in lieu of any other payments for 
        salary or expenses authorized for service as a member of the 
        Commission under the provisions of any other Federal law 
        relating to the Commission, but nothing in this subsection 
        shall affect any other Federal law with respect to the funds 
        from which any such payments shall be made.
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