Text of the An Act to provide for the annual audit of bridge commissions and authorities created by act of Congress, for the ...
...Congress, for the filling of vacancies in the membership thereof, and for other purposes
This bill was enacted on April 27, 1962. The text of the bill below is as of Apr 27, 1962 (Passed Congress/Enrolled Bill).
76 STAT. ] PUBLIC LAW 87-441-APR. 27, 1962 59 Public Law 87-441 AN ACT y^prii 27, 1962 To provide for the annual audit of bridge commissions and authorities created [H. R. 8921] by Act of Congress, for the filling of vacancies in the membership thereof, and for other purposes. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That (a) each bridge Federa 11 y cre- commission and authority created by Act of Congress shall provide mSsstons^'*l!id''°a"- for an annual audit of its financial transactions by an independent thorities. public accountant of recognized standing in such manner as prescribed Annual audit. by the Governors of the States concerned and in accordance with gen- erally accepted auditing standards. Each such commission and authority shall make available for such purposes all books, accounts, financial records, reports, files, and all other papers, documents, or property belonging to or in use by such commission or authority. The ""*^' General Accounting Office is authorized and directed to make avail- able its advice on any matter pertaining to an audit performed pur- suant to this section. (b) The commission or authority within four months following the Audit report to close of the fiscal year for which the audit is made shall submit a secre\lt^°ot^ c^ copy of the audit report to the Governors of the States concerned ^^rce. 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 analy- sis, a statement of income and expense; a statement of sources and a*i^H.r./• application of funds; and such comments and information as may be deemed necessary to keep the Governors of the States concerned and the Secretary of Commerce informed of the operations and financial condition of the commission. (c) The Governor of either State concerned or the Secretary of Commerce is authorized to provide for the conduct of further audits of any bridge commission or authority created by Act of Congress if the audit report submitted under subsection (b) is not satisfactory to said Governor or to the Secretary of Commerce, respectively. (d) The commission or authority shall bear all expenses of the an- nual 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. (a) Each person who is a member, on the date of enactment Members. T e r m s of office. of this Act, of a bridge commission or authority created by Act of "" ' Congress shall continue in office until the expiration of his present term, except as provided under subsection (b) of this section. ( b ) ( 1 ) Except as provided in paragraph (2) of this subsection, where provision is made in the Act creating a bridge commission or authority for membership thereon without limitation as to length of term of office, the Secretary of Commerce shall, on or before the expiration of ninety days after the date of this Act, reappoint not more than one-third of the persons who are members of such bridge com- mission or authority on the date of enactment of this Act as members of such bridge commission or authority for a term of two years from the date of reappointment, reappoint not more than one-third of the members of such bridge commission or authority for a term of four years, and reappoint the remaining members for a term of six years. Thereafter, the term of each member appointed to such commission
60 PUBLIC LAW 87-441-APR. 27, 1962 [76 STAT. or authority shall be six years, except when an appointment is made to fill an unexpired term or when an incumbent member whose term has expired holds over until his successor is appointed, and vacancies shall be filled as provided under subsection (c) of this section. (2) i^otwithstanding any other provision of law, the term of office of each person who is a member of the White County Bridge Commis- White County sion, created by the Act approved April 12,1941 (55 Stat. 140), on the B r i d g e Commis- sion. date of enactment of this Act shall expire on the ninetieth day after such date of enactment. The Secretary of Commerce may thereupon appoint three persons as members of the commission, one for a term oi two years, one for a term of four years, and one for a term of six years. Each person appointed as a member of the commission there- after shall be appointed for a term of six years, except that a person appointed to fill a vacancy shall serve only for the unexpired term of his predecessor. Each person appointed under this subsection shall Bond. give such bond as may be fixed by the Secretary of Commerce, condi- tioned 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. The Secretary of Commerce shall designate the member of the commission who shall serve as chairman and the mem- ber who shall serve as vice chairman. Vacancies in the commission shall not affect its powers, and shall be filled in the same manner as the original appointments were made. The commission shall have power to establish rules and regulations for the government of its business. Vacancies. (c) A vacancy in the membership of any bridge commission or au- thority to which this Act is applicable occurring by reason of expira- tion of term, failure to qualify as a member, death, removal from office, resignation, or otherwise, shall be filled by the Secretary of Commerce. Incumbent members whose terms have expired shall hold over in office until their successors are appointed and qualified. (d) Each member appointed under this Act shall qualify within thirty days after appointment by filing with the Secretary of Com- merce an oath that he will faithfully perform the duties imposed upon him by law. (e) Each member appointed under this Act shall be removable for cause by the Secretary of Commerce. Exception. (f) This section shall not be applicable to ex officio members or State highway department members of such bridge commissions or authorities. * Annual report to SEC. 3. Each bridge commission and authority created by Act of Qo V e r n o r s a n d Secretary of Com- Congress shall submit an annual report, covering its operations and merce. fiscal transactions during the preceding fiscal year, its financial condi- tion and a statement of all receipts and expenditures during such period, to the Governors of the States concerned and to the Secretary of Commerce not later than four months following the close of the fiscal year for which the audit required under section 1 of this Act is made. The Secretary of Commerce shall review such annual reports and audit reports submitted under section 1 (b) of this Act and shall make recommendations to the Congress based upon such review, or take such other action as he may consider necessary, to effectuate the intent of the Congress as established by this Act or by the Act under which the individual bridge commission or authority was created. Transfer author- SEC. 4. Authority is hereby granted to transfer all functions, powers, ity. duties, responsibilities, authority, assets, liability, obligations, books, records, property, and equipment of any existing bridge commission
76 STAT. ] PUBLIC LAW 87-441-APR. 27, 1962 61 or authority created by Act of Congress to the highway department or other agency of the State or States concerned, 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 State or States concerned. Upon such transfer, such bridge commission or authority shall cease to exist. SEC. 5. (a) All provisions of Acts of Congress creating bridge com- Enforcement, missions or authorities may be enforced or the violation thereof pre- vented by mandamus, injunction, or other appropriate remedy by the chief legal officer of either State concerned, in any court having com- petent jurisdiction of the subject matter and of the parties. The fol- lowing provisions of law are hereby repealed: Repeals. Section 11 of the Act approved October 30, 1951 (65 Stat. 699); Section 15 of the Act approved July 26,1956 (70 Stat. 676); Section 12 of the Act approved April 12,1941 (55 Stat. 144). (b) Members and employees of bridge commissions and authorities created by Act of Congress shall not be deemed to be Federal officers and employees. (c) The members of such bridge commissions and authorities shall Per diem com- each be entitled to a per diem compensation for their services of $20 p^n^^t^""- for each day actually spent in the business of the commission or author- ity, but the maximum per diem compensation of the chairman in any one year shall not exceed $3,000, and of each other member in any one year shall not exceed $2,000. The members of such commissions and authorities shall also be entitled to receive traveling expense allowance of 12 cents a mile for each mile actually traveled on the business of the commission or authority. 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 any such commission or authority under the provisions of any other Federal law relating to such commission or authority, # but nothing in this subsection shall affect any other Federal law with respect to the funds from which any such payments shall be made. This subsection shall not apply to any bridge or causeway commis- Exception. sion or authority created by an Act of Congress, the entire membership of which is ex officio. SEC. 6. The provisions of this Act shall apply only to the following bridge commissions and authority: (1) Arkansas-Mississippi Bridge Commission, created by the Act approved May 17,1939 (53 Stat. 747); (2) White County Bridge Commission, created by the Act approved April 12, 1941 (55 Stat. 140); < (3) City of Clinton Bridge Commission, created by the Act approved December 21, 1944 (58 Stat. 846); (4) Sabine Lake Bridge and Causeway Authority, created by the Act approved October 30,1951 (65 Stat. 695); and (5) Muscatine Bridge Commission, created by the Act approved July 26, 1956 (70 Stat. 669). SEC. 7. If any provision of this Act, or the application of such pro- separability vision to any person or circumstance, is held invalid, the remainder p«"°^i»^o*>»- of the Act, or the application of such provision to persons or circum- stances other than those as to which it is held invalid, shall not be affected thereby. Approved April 27, 1962.