SEC. 5. (a) All provisions of Acts of Congress creating bridge commissions or authorities may be enforced or the violation thereof prevented by mandamus, injunction, or other appropriate remedy by the chief legal officer of either State concerned, in any court having competent jurisdiction of the subject matter and of the parties. The following provisions of law are hereby repealed: Section 11 of the Act approved October 30, 1951 (65 Stat. 699); Section 15 of the Act approved July 26, 1956 (70 Stat. 676); Section 12 of the Act approved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 each be entitled to a per diem compensation for their services of $20 for each day actually spent in the business of the commission or authority, 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. Ex officio members or State highway department members of the commissions or authorities shall not receive a salary for their services as members, but shall be paid their actual expenses not exceeding $25 per day for each day actually devoted to the performance of their duties as such members, and shall also be entitled to receive traveling expense allowance of 12 cents a mile actually traveled on the business of the commission or authority, whenever such reimbursement for their actual expenses and traveling expenses is not provided from some other source. 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. SEC. 6. The provisions of this Act shall apply to any bridge commission or authority created by Act of Congress and authorized to construct and/or acquire an interstate bridge, including— (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 provision to any person or circumstance, is held invalid, the remainder of the Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Senator RANDOLPH. I am informed an identical bill passed the Senate during the 86th Congress, and apparently no action was taken in the House on it. I believe it is fair to say that we have had several Senators who have indicated an interest in this type of legislation in the past, so the commissions and authorities within their respective States might operate more efficiently. This legislation has been requested by the administration through the Secretary of Commerce and it has the approval of the Bureau of the Budget. We shall place in the record a more voluminous statement on the bill. Without some question or comment desired by Senators Moss, Fong, or Metcalf we shall consider this matter as an item for appropriate action by the subcommittee in executive session. (The letters from the Secretary of Commerce and the Comptroller General, together with an explanation of S. 49 follow :) THE SECRETARY OF COMMERCE, Washington, D.C., January 1, 1961. Hon. PRESIDENT OF THE SENATE, DEAR MR. PRESIDENT: The Department of Commerce, as a part of its legislative program for the 87th Congress, 1st session, recommends to the Congress for its consideration the attached draft of legislation entitled: to provide for the annual audit of bridge commissions and authorities created by act of Congress, for the filling of vacancies in the membership thereof, and for other purposes. The President, in a statement dated July 26, 1956, issued in connection with his approval of H.R. 11010, "Creating the Muscatine Bridge Commission and authorizing said commission and its successors to acquire by purchase or condemnation and to construct, maintain, and operate a bridge or bridges across the Mississippi River at or near the city of Muscatine, Iowa, and the town of Drury, Ill.," recommended that Congress at the earliest practicable time give consideration to the enactment of legislation requiring that existing federally authorized bridge commissions be subject to the following uniform safeguards: (1) Provision for annual audit by competent authority; and (2) Regularized provisions fixing conditions for filling commission vacancies. As the President pointed out in his statement, the construction and operation of interstate bridges traditionally have been a State rather than a Federal responsibility, and the States appear to have ample authority to provide for the construction, maintenance, and operation of interstate bridges under the General Bridge Act of 1946 and the interstate compact procedure without Federal legislation creating special commissions. Furthermore, federally created bridge commissions pose serious legal and administrative problems. Such commissions are neither State nor Federal agencies, nor is the responsibility of assuring that they faithfully carry out their public duties clearly and consistently that of a specified official or agency. The attached draft bill would require the annual audit by independent certified public accountants of each of the bridge commissions created by act of Congress for the purpose of construction and/or acquiring interstate bridges, and for a uniform method of filling vacancies in the membership of these commissions. Under the proposed bill, the terms of office of members of bridge commissions whose terms are limited under the applicable authorizing act would not be affected. The draft bill is identical in substance to H.R. 8588 introduced in the 86th Congress. The proposed legislation, if enacted, would be applicable to the following: Arkansas-Mississippi Bridge Commission, created by the act approved May 17, 1939 (53 Stat. 747). City of Clinton Bridge Commission, created by the act approved December 21, 1944 (58 Stat. 846). Muscatine Bridge Commission (audit provision only), created by the act approved July 26, 1956 (70 Stat. 669). Sabine Lake Bridge and Causeway Authority (audit provision only), created by the act approved October 31, 1951 (65 Stat. 695). White County Bridge Commission, created by the act approved April 12, 1941 (55 Stat. 140). The legislation herein proposed is intended to accomplish the foregoing recommendations of the President. The Department of Commerce recommends this proposed legislation for the favorable consideration of the Congress. We have been advised by the Bureau of the Budget by letter of January 11, 1961, that it would interpose no objection to the submission of this letter to the Congress. Sincerely yours, PHILIP A. RAY, Under Secretary of Commerce. A BILL To provide for the annual audit of bridge commissions and authorities created by Act of Congress, 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, That (a) each bridge commission and authority created by Act of Congress shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. 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 available its advice on any matter pertaining to an audit performed pursuant to this section. (b) The commission or authority within four 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 concerned 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 deficit; 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 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 submited 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 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. (a) Each person who is a member, on the date of enactment 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) 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 commission 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 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. (c) A vacancy in the membership of any bridge commission or authority to which this Act is applicable occurring by reason of expiration 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 appintment by filing with the Secretary of Commerce on 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. (f) This section shall not be applicable to ex officio members or State highway department members of such bridge commissions or authorities. SEC. 3. Each bridge commission and authority created by Act of Congress shall submit an annual report, covering its operations and fiscal transactions during the preceding fiscal year, its financial condition 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. SEC. 4. Authority is hereby granted to transfer all functions, powers, duties, responsibilities, authority, assets, liability, obligations, books, records, property, and equipment of any existing bridge commission 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 commissions or authorities may be enforced or the violation thereof prevented by mandamus, injunction, or other appropriate remedy by the chief legal officer of either State concerned, in any court having competent jurisdiction of the subject matter and of the parties. The following provisions of law are hereby repealed: 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. SEC. 6. The provisions of this Act shall apply to any bridge commission or authority created by Act of Congress and authorized to construct and/or acquire an interstate bridge, including— (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 provision to any person or circumstances, is held invalid, the remainder of the Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. COMPTROLLER GENERAL OF THE UNITED STATES, Hon. DENNIS CHAVEZ, Chairman, Committee on Public Works, DEAR MR. CHAIRMAN: Reference is made to your letter dated January 10, 1961, acknowledged January 12, enclosing a copy of S. 49, 87th Congress, and requesting our comments on the merits of the bill and the propriety of its passage. S. 49 would establish standard procedures for an annual audit of the various bridge commissions and authorities created by act of Congress and authorized to construct or acquire an interstate bridge. In addition, it would establish uniform rates of compensation and terms of office for members of such commissions and authorities, provide for the transfer of functions and property to State agencies, and authorize State law enforcement officers to enforce all provisions of the various acts of Congress creating bridge commissions and authorities. The interstate bridge commissions and authorities which have been created by acts of Congress are quasi-public bodies, rather than true Federal instrumentalities, in which the Federal Government has no financial or proprietary interest. While it is our opinion that proper administration of such bodies should primarily be a matter of concern to the States involved, we also believe that the Federal Government, having created these bodies, has a continuing responsibility to insure such administration. The failure of present legislation to provide adequate procedures under which the operations of these bodies would be subject to periodic review by either Federal or State Government, as well as the necessity for such review, was clearly established by the results of a special audit of the White County Bridge Commission which was conducted by this Office at the request of a select committee of the House of Representatives appointed pursuant to House Resolution 244, 84th Congress. See House Report No. 2052, 84th Congress, 2d session. We believe that the provisions of S. 49 more clearly indicate the areas of responsibility which should be assumed by the Federal Government and by the States with respect to future activities of bridge commissions and authorities of this type, and that adequate safeguards may be established under the bill to assure that the intent of Congress in establishing these commissions will be effectuated. With respect to the phrase "independent public accountant of recognized standing" which appears in section 1(a), your attention is invited to the fact that a number of States have adopted a dual licensing system under which both certified and noncertified public accountants are authorized to practice. We believe it would be more desirable if the proposed bill gave recognition to this method of control over the qualifications of accountants. Therefore, you may wish to consider substituting the following language in lieu of the abovecited phrase: **** independent certified public accountants or independent licensed publie accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. ***" Additionally, while section 3 of the bill directs each bridge commission and authority to submit an annual report to the Secretary of Commerce, the bill contains no direction or authorization specifying procedures, if any, which the Secretary is expected to follow thereafter. We understand that one of the primary purposes of this bill is to vest in the States concerned as complete control of the bridge commissions and authorities as is feasible. Whether any responsibility with respect to operations of the bridge commissions and authorities is to be retained by the Secretary of Commerce would appear to be a question of congressional policy. However, in the event it should be determined that such operations should not be subject to review by the Secretary, it would appear that submission of copies of the annual reports to that official would serve no purpose and well might be eliminated from section 3 of the bill. Conversely, in the event an annual review to determine whether such operations are effectuating the intent of Congress is considered desirable, we doubt that the information contained in an annual report meeting the requirements of section 3 would be sufficient to support such determination. Accordingly, if it is intended to retain an annual review function in the Federal Government, we suggest that section 3 be amended by adding the following language immediately following the period in line 3, page 5, of the bill: "The Secretary of Commerce shall review such annual reports and the 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." Attention is invited to the fact that section 5(a) of the bill authorizes the chief legal officer of either State concerned to enforce, or present violations of, the various acts of Congress creating bridge commissions and authorities. Presumably such provision is intended to confer an enforcement right upon the States which is concurrent with, rather than exclusive of, the inherent right of the Federal Government to enforce and enjoin violations of Federal statutes. If so, and in view of the fact that the present bill would require the submission of audit reports and annual reports to the Governors of the States concerned, we are aware of no reason why similar enforcement authority with respect to the provisions of S. 49 should not also be conferred upon the States concerned. In view thereof, we suggest that section 5 (a) be amended by deleting the words "All provisions of" in line 15, page 5 of the bill, and inserting the words "The provisions of this act and of all" in lieu thereof. Subject to the above comments, we recommend enactment of S. 49. Sincerely yours, JOSEPH CAMPBELL, Comptroller General of the United States. |