National Academies Press: OpenBook

Railroad Legal Issues and Resources (2015)

Chapter: IV. Buy America Act

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Page 20
Suggested Citation:"IV. Buy America Act." National Academies of Sciences, Engineering, and Medicine. 2015. Railroad Legal Issues and Resources. Washington, DC: The National Academies Press. doi: 10.17226/22093.
Page 20

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

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 Circuit’s 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 “consistent with the presumed congressional intent to minimize state taxes and fees on Amtrak.”71 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 Amtrak’s 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 denied, 2005 U.S. LEXIS 3967 (U.S., May 16, 2005), superseded by statute as stated in United States v. Carell, 782 F. Supp. 2d 553, 2011 U.S. Dist.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 “governmental entity.” 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, 268–69 (2012). 73 TIMOTHY R. WYATT, BUY AMERICA REQUIREMENTS FOR FEDERALLY FUNDED RAIL PROJECTS 1, (NCRRP Legal Research Digest, 2015), available at (last accessed Mar. 31, 2015). 74 Id. at 3.

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TRB’s National Cooperative Rail Research Program (NCRRP) Legal Research Digest 2: Railroad Legal Issues and Resources presents legal issues of importance that attorneys may encounter when representing both freight and passenger railroad owners, and operators involved in railroad-related transactions. Issues explored in the report range from abandonment and discontinuance to constitutional law, construction, contracts, interaction with regulatory agencies, safety, retirement, and numerous other subjects.

The electronic version of the digest includes more than 700 pages of case law presenting detailed summaries of statutes, regulations, cases, and relevant articles as a fundamental resource for use in understanding the background and broad ramifications of railroad-related law reflected in each category. To access the case law, click the Roman numeral headings, which are linked to the legal topics. A search for the legal topic will also result in finding it. The printed digest includes an annotated index of the case law and a bound-in CD-ROM with the case law reference materials.

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