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B-319414 1 (2010-06-09)

handle is hein.gao/gaobadbib0001 and id is 1 raw text is: 

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      , Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548




         B-319414


         June 9, 2010

         The Honorable Roger F. Wicker
         United States Senate


         Subject: Amtrak-Pemanence of the   2010 Consolidated Appropriations Act
                 Provision on Firearm Storage and Carriage on Trains


         Dear Senator Wicker:

         This is in response to your letter of February 22, 2010, requesting our opinion
         regarding whether a provision in the 2010 Consolidated Appropriations Act pertaining
         to Amtrak is permanent law or expires at the end of the fiscal year. The provision
         requires Amtrak to (1) evaluate and report on the security issues surrounding the
         implementation of a checked firearms program, and (2) develop and implement
         guidance and procedures to carry out the duties and responsibilities of firearm
         storage and carriage in checked baggage cars and at Amtrak stations that accept
         checked baggage. For the reasons stated below, we conclude that this provision is
         permanent law.

         Our practice when issuing opinions is to obtain the views of the relevant office to
         establish the office's legal position on the subject matter of the request. GAO,
         Procedures and Practices for Legal Decisions and Opinions, GAO-06-1064SP
         (Washington, D.C.: Sept. 2006), available atwww.gao.gov/legal/resources.html. In
         this regard, we requested the legal views of the Amtrak General Counsel. Letter from
         Assistant General Counsel for Appropriations Law, GAO, to Vice President, General
         Counsel, and Corporate Secretary, Amtrak, Mar. 26, 2010. The General Counsel
         provided a response stating Amtrak's position on the permanence of section 159.
         Letter from Vice President, General Counsel and Corporate Secretary, Amtrak, to
         Assistant General Counsel, GAO, Apr. 19, 2010 (General Counsel Letter).

         BACKGROUND

         During the deliberations on the appropriations legislation for fiscal year 2010
         (H.R. 3288, 111 Cong. (2009)), you introduced amendment number 2366 that would

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