[House Report 104-377]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-377
_______________________________________________________________________


 
   BI-STATE DEVELOPMENT AGENCY BY THE STATES OF MISSOURI AND ILLINOIS

                                _______


 November 30, 1995.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________


 Mr. Hyde, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                      [To accompany H.J. Res. 78]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
joint resolution (H.J. Res. 78) to grant the consent of the 
Congress to certain additional powers conferred upon the Bi-
State Development Agency by the States of Missouri and 
Illinois, having considered the same, report favorably thereon 
with an amendment and recommend that the joint resolution as 
amended do pass.
    The amendment is as follows:
    Strike out all after the resolving clause and insert in 
lieu thereof the following:

That (a) the consent of Congress is hereby given to the additional 
powers conferred on the Bi-State Development Agency of the Compact 
Between Missouri and Illinois approved under the Joint Resolution of 
August 31, 1950 (64 Stat. 568) by section 70.378 of the Act of May 26, 
1993 (1993 Mo. Laws 382) and section 5 of Public Act 88-611, Laws of 
Illinois 1994.
    (b) The powers consented to in subsection (a) and conferred by the 
laws referred to in such subsection shall take effect on January 1, 
1995.
    Sec. 2. The provisions of the Joint Resolution of August 31, 1950 
(64 Stat. 568) shall apply to the additional powers approved under this 
joint resolution to the same extent as if such additional powers were 
conferred under the provisions of the compact consented to in such 
Joint Resolution.
    Sec. 3. The right to alter, amend, or repeal this joint resolution 
is expressly reserved.
    Sec. 4. The right is hereby reserved to the Congress to require the 
disclosure and furnishings of such information or data by the Bi-State 
Development Agency as is deemed appropriate by the Congress.

                          SUMMARY AND PURPOSE

    H.J. Res. 78 grants congressional consent to certain 
amendments to the compact between Missouri and Illinois 
creating the Bi-State Development Agency and the Bi-State 
Metropolitan District.

                BACKGROUND AND NEED FOR THE LEGISLATION

    States often enter into compacts with one or several other 
states in order to facilitate common responsibilities or 
interests. However, Article I, Section 10, Clause 3 of the 
United States Constitution provides that:

    No State shall, without the consent of Congress * * * enter 
into any Agreement or Compact with another State, or with a 
foreign power * * *.

    Congressional consent is required for such agreements or 
compacts in order to insure that national interests or those of 
other states are not adversely affected.
    H.J. Res. 78 would give Congressional consent to the 
granting of certain additional powers to the Bi-State 
Development Agency by Missouri and Illinois. The original 
compact was approved by Congress in 1950 as Public Law 743 (64 
Stat. 568) and resulted in the establishment of the Bi-State 
Development Agency of the Missouri-Illinois Metropolitan 
District. The Bi-State Agency was intended to promote planning, 
development and transportation in the area surrounding St. 
Louis on both the Missouri and Illinois sides of the 
Mississippi River and it was given specified power to 
facilitate such activities. Article III of the compact provided 
that the Agency could exercise such additional powers as were 
conferred upon it by the Missouri and Illinois legislatures and 
approved by the Congress.
    In July of 1993, the Agency began operating a light rail 
system passing through several municipalities and counties, and 
crossing state boundaries. However, the original compact did 
not grant the Agency the specific authority to appoint or 
employ a security force or to enact rules and regulations 
governing fare evasion or other conduct on its facilities and 
conveyances. Consequently, the Agency has had difficulty 
insuring that fare evasion and other prohibited conduct is 
uniformly punished. In addition, issues have arisen regarding 
the jurisdiction of local law enforcement to arrest persons for 
conduct occurring on the system. The Agency sought from its 
respective legislatures power to employ personnel to maintain 
safety and order and to enforce Agency rules and regulations. 
In addition, the Agency sought the authority to adopt rules and 
regulations for proper operation of its passenger 
transportation facilities and for users of the system. Missouri 
in 1993 \1\ and Illinois in 1994 \2\ by law approved the 
granting of these powers. There is no known controversy.
    \1\ Section 70.378 of the Act of May 26, 1993 (1993 M. Laws 382).
    \2\ Section 5 of Public Act 88-611, Laws of Illinois 1994.
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                                HEARINGS

    The Committee's Subcommittee on Commercial and 
Administrative Law held a hearing on H.J. Res. 78 on October 
19, 1995. Testimony was received from U.S. Representative James 
M. Talent of Missouri.

                        COMMITTEE CONSIDERATION

    On October 19, 1995, the Subcommittee on Commercial and 
Administrative Law met in open session and ordered reported the 
bill H.J. Res. 78, as amended by a voice vote, a quorum being 
present. On October 31, 1995, the Committee met in open session 
and ordered reported the bill H.J. Res. 78 with an amendment in 
the nature of a substitute by voice vote, a quorum being 
present.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives are incorporated in the 
descriptive portions of this report.

         COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT FINDINGS

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               NEW BUDGET AUTHORITY AND TAX EXPENDITURES

    Clause 2(l)(3)(B) of House rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    In compliance with clause 2(l)(C)(3) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to H.J. Res. 78, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 403 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 6, 1995.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary, House of Representatives, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.J. Res. 78, as ordered reported by the House 
Committee on the Judiciary on October 31, 1995. H.J. Res. 78 
would give Congressional consent to certain additional powers 
conferred upon the Bi-State Development Agency by the States of 
Missouri and Illinois. CBO estimates that enacting this 
legislation would result in no cost to the federal government 
and no direct cost to state or local governments.
    The joint resolution would grant the Bi-State Development 
Agency power to adopt rules and regulations for proper 
operation of its passenger transportation facilities. The 
states of Missouri and Illinois already have approved these 
additional powers. Enacting H.J. Res. 78 would not affect 
direct spending or receipts. Therefore, pay-as-you-go 
procedures would not apply to this legislation.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                           June E. O'Neill,
                                                          Director.

                     inflationary impact statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that H.J. 
Res. 78 will have no significant inflationary impact on prices 
and costs in the national economy.

                      section-by-section analysis

    Sec. 1. This section gives consent of Congress to granting 
additional powers to the Bi-State Development Agency 
(established pursuant to the Compact between Missouri and 
Illinois approved by the Congress by the Joint Resolution of 
August 31, 1950 (64 Stat. 568)). These additional powers were 
conferred on the Agency pursuant to actions of Missouri 
(section 70.378 of the Act of May 26, 1993 (1993 Mo. Laws 382)) 
and Illinois (section 5 of Public Act 88-611, Laws of Illinois 
1994).
    Subsection 1(b) provides that the powers conferred under 
the Acts consented to in subsection 1(a) shall take effect on 
January 1, 1995.
    Sec. 2. Section 2 applies the Joint Resolution that 
established the original compact between Missouri and Illinois 
(64 Stat. 568) to the additional powers approved under H.J. 
Res. 78 to the same extent as if these had been consented to in 
the original Joint Resolution.
    Sec. 3. Section 3 expressly reserves the right to alter, 
amend, or repeal the compact as amended and approved by H.J. 
Res. 78.
    Sec. 4. Section 4 reserves to the Congress the right to 
require the Bi-State Development Agency to disclose and furnish 
appropriate information and data.