I 
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 Wa-
bash River, Indiana and Illinois, for the filling of vacan-
cies in the membership thereof, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 ap-
proved 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 stand-
ing in such manner as prescribed by the Governors 
of the States of Indiana and Illinois and in accord-
ance with generally accepted auditing standards. 
(2) AVAILABILITY OF RECORDS.—The Commis-
sion shall make available for purposes of the audit 
all books, accounts, financial records, reports, files, 
and all other papers, documents, or property belong-
ing to or in use by the Commission. 
(3) GAO ADVICE.—The General Accounting Of-
fice is authorized and directed to make available its 
advice on any matter pertaining to an audit per-
formed 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 in-
come 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 au-
thorized to provide for the conduct of further audits of 
the Commission if the audit report submitted under sub-
section (b) is not satisfactory to the Governor or the Sec-
retary, as the case may be. 
(d) COST.—The Commission shall bear all expenses 
of the annual audit of its financial transactions as re-
quired 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 there-
upon 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 mem-
ber 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 re-
quired 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 man-
ner as the original appointments were made. Incumbent 
members whose terms have expired shall hold over in of-
fice until their successors are appointed and qualified. 
(f) RULES.—The Commission shall have power to es-
tablish 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 faith-
fully 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 Sec-
retary of Commerce. 
(i) LIMITATION
ON APPLICABILITY.—This section 
shall not be applicable to ex officio members or State high-
way department members of the Commission. 
SEC. 3. ANNUAL REPORT. 
(a) SUBMISSION.—The Commission shall submit an 
annual report covering its operations and fiscal trans-
actions 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 Indi-
ana 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 an-
nual reports and audit reports submitted under section 
1(b) of this Act and shall make recommendations to Con-
gress 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, obliga-
tions, books, records, property, and equipment of the Com-
mission, to the highway department or other agency of the 
States of Indiana and Illinois, or to joint agencies estab-
lished 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 ap-
proved April 12, 1941 (55 Stat. 144), may be enforced 
or the violation thereof prevented by mandamus, injunc-
tion, or other appropriate remedy by the chief legal officer 
of either the State of Indiana or Illinois in any court hav-
ing competent jurisdiction of the subject matter and of 
the parties. 
(b) NON-FEDERAL EMPLOYEES.—Members and em-
ployees of the Commission shall not be treated as Federal 
officers and employees. 
(c) PAY.—
(1) PER DIEM; TRAVEL EXPENSES.—The mem-
bers 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 Com-
mission, 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 al-
lowance 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 Commis-
sion under the provisions of any other Federal law 
relating to the Commission, but nothing in this sub-
section shall affect any other Federal law with re-
spect to the funds from which any such payments 
shall be made.
Æ