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B-217662 1 (1985-03-18)

handle is hein.gao/gaobabknf0001 and id is 1 raw text is: 

                     COMPTROLLER GENERAL OF THE UNITED S7rATES  A-
                              WASHINGTON 1)C 205AS




B-217662                                       Ma-ch 18, 1985




The Honorable Jack Danforth
Chairman, Committee on Commerce,
  Science, and Transportation
United States Senate                 00 NOT MAKE AVAILABLE TO PUBLIC READINI

Dear Mr. Chairman:                             E09 30 PA)

     This is in response to your letter dated January 29,
1985, asking six questions relating to the payment of labor
protection costs in the event that the services of the
National Rail Passenger Corporation (Amtrak) are terminated
or significantly reduced as a result of the Administration's
proposal to eliminate further Federal subsidies to Amtrak in
the 1986 fiscal year and thereafter. After providing some
of the basic legal background to your questions, we will
address your questions in order.

                           BACKGROUND

     In 1970, Congress enacted the Rail Passenger Service Act
(RPSA), Pub. L. No. 91-518, 84 Stat. 1327, October 30, 1970,
45 U.S.C. § 501 et seq. (1982). This Act authorized the
creation of Amtrak as a mixed ownership Government (31 U.S.C.
§ 9101) for profit corporation, the purpose of which shall be
to provide intercity and commuter rail passenger service,
* * * so as to fully develop the potential of modern rail ser-
vice in meeting the Nation's intercity and commuter passenger
transportation requirements. 45 U.S.C. § 541. The legisla-
tion expressly provides that Amtrak will not be an agency or
establishment of the United States Government. Id.

     Under section 401(a) of RPSA, 45 U.S.C. § 561(a), Amtrak
was authorized to enter into contracts with railroads to
relieve them of their entire responsibility for the provision
of intercity rail passenger service. Relief under this sec-
tion also requires that any contract between Amtrak and a
railroad include protective arrangements for employees.
Section 405 of RPSA, 45 U.S.C. § 565, sets forth the extent to
which employee interests must be protected under these
arrangements as follows:


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