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20 An article in Recent False Claims Act & Qui Tam Decisions that discusses the applicability of the False Claims Act (FCA) to Amtrak argues that the District of Columbia Circuitâs decision in United States ex rel. Totten v. Bombardier Corp.69 effectively exempts Amtrak from FCA actions.70 J. Amtrak Tax Exemption 236 A law review article discussing the Amtrak tax exemption argues that recent judicial authority is âconsistent with the presumed congressional intent to minimize state taxes and fees on Amtrak.â71 K. High-Speed Rail Projects 236 An article on high-speed rail (HSR) argues that Amtrak is uniquely positioned with respect to HSR projects because of Amtrakâs ability to use existing right-of-ways or privately owned freight tracks.72 IV. BUY AMERICA ACT 238 A. Introduction 238 A 2015 NCRRP Report, entitled Buy America Requirements for Federally Funded Rail Projects,73 summarized briefly in this part of the digest, is an authoritative, comprehensive study of the Buy America requirements applicable to federal grants for passenger and freight rail development.74 69 380 F.3d 488 (D.C. Cir. 2004), cert. denied, 2005 U.S. LEXIS 3967 (U.S., May 16, 2005), superseded by statute as stated in United States v. Carell, 782 F. Supp. 2d 553, 2011 U.S. Dist. LEXIS 28965 (M.D. Tenn. 2011). See Department of Transportation v. Association of American Railroads, 135 S. Ct. 1225, 191 L. Ed. 2d 153, 2015 U.S. LEXIS 1763, at *1, 6 (U.S., Mar. 9, 2015) in which the Supreme Court held for purposes of § 207 of the Passenger Rail Investment and Improvement Act (PRIAA) that Amtrak was a âgovernmental entity.â 70 Taxpayers against Fraud (TAF) Education Fund, Recent False Claims Act & Qui Tam Decisions, 35 False Cl. Act and Qui Tam Q. Rev. 3 (Oct. 2004). 71 Symposium, A Case of Irreconcilable Differences with the Federal District Court: An Agency Caught in a Judicial Vise Grip, 21 WIDENER L.J. 213, 226 (2011). 72 Darren A. Prum and Sarah L. Catz, High-Speed Rail in America: An Evaluation of the Regulatory, Real Property, and Environmental Obstacles a Project Will Encounter, 13 N.C. J.L. & TECH. 247, 268â69 (2012). 73 TIMOTHY R. WYATT, BUY AMERICA REQUIREMENTS FOR FEDERALLY FUNDED RAIL PROJECTS 1, (NCRRP Legal Research Digest, 2015), available at http://onlinepubs.trb.org/Onlinepubs/ncrrp/ncrrp_lrd_001.pdf (last accessed Mar. 31, 2015). 74 Id. at 3.