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45 U.S.C. § 431 — Untitled legal text
Federal law — U.S. Code and appendices · legal_authorities
Page 147
TITLE 45—RAILROADS
§§ 431 to 447
1 See References in Text note below.
crease in employers’ contribution rate are adequate for
such purpose, which is now covered by section 303(b) of
Pub. L. 88–133, set out as a note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1963 AMENDMENT
Pub. L. 88–133, title III, § 303(c), Oct. 5, 1963, 77 Stat.
222, provided that the amendment made by such section
303(c) is effective with respect to contributions col-
lected on compensation paid after Dec. 31, 1963.
REPAYMENT BY ACCOUNT OF ADVANCES FROM GENERAL
FUND OF TREASURY FROM CONTRIBUTIONS COLLECTED
ON COMPENSATION PAID AFTER DECEMBER 31, 1963
Pub. L. 88–133, title III, § 303(b), Oct. 5, 1963, 77 Stat.
222, provided that: ‘‘Effective with respect to contribu-
tions collected by the Railroad Retirement Board pur-
suant to section 8(f) of the Railroad Unemployment In-
surance Act [section 358(f) of this title] on compensa-
tion paid after December 31, 1963, that part of such con-
tributions equal to one-fourth of 1 per centum of the
compensation on which such contributions are based
shall, notwithstanding the provisions of section 10(b) of
such Act [section 360(b) of this title], be applied by the
Board exclusively for transfers from the railroad unem-
ployment insurance account to the general fund of the
Treasury until the full amount advanced from the gen-
eral fund of the Treasury to the railroad unemploy-
ment insurance account pursuant to section 4 of the
Temporary Extended Railroad Unemployment Insur-
ance Benefits Act of 1961 [this section] has been re-
paid.’’
§ 404. Temporary increase in employers’ con-
tribution rate
Notwithstanding the provisions of section
358(a)2 1 of this title, the rate of contribution re-
quired to be paid under
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Page 147
TITLE 45—RAILROADS
§§ 431 to 447
1 See References in Text note below.
crease in employers’ contribution rate are adequate for
such purpose, which is now covered by section 303(b) of
Pub. L. 88–133, set out as a note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1963 AMENDMENT
Pub. L. 88–133, title III, § 303(c), Oct. 5, 1963, 77 Stat.
222, provided that the amendment made by such section
303(c) is effective with respect to contributions col-
lected on compensation paid after Dec. 31, 1963.
REPAYMENT BY ACCOUNT OF ADVANCES FROM GENERAL
FUND OF TREASURY FROM CONTRIBUTIONS COLLECTED
ON COMPENSATION PAID AFTER DECEMBER 31, 1963
Pub. L. 88–133, title III, § 303(b), Oct. 5, 1963, 77 Stat.
222, provided that: ‘‘Effective with respect to contribu-
tions collected by the Railroad Retirement Board pur-
suant to section 8(f) of the Railroad Unemployment In-
surance Act [section 358(f) of this title] on compensa-
tion paid after December 31, 1963, that part of such con-
tributions equal to one-fourth of 1 per centum of the
compensation on which such contributions are based
shall, notwithstanding the provisions of section 10(b) of
such Act [section 360(b) of this title], be applied by the
Board exclusively for transfers from the railroad unem-
ployment insurance account to the general fund of the
Treasury until the full amount advanced from the gen-
eral fund of the Treasury to the railroad unemploy-
ment insurance account pursuant to section 4 of the
Temporary Extended Railroad Unemployment Insur-
ance Benefits Act of 1961 [this section] has been re-
paid.’’
§ 404. Temporary increase in employers’ con-
tribution rate
Notwithstanding the provisions of section
358(a)2 1 of this title, the rate of contribution re-
quired to be paid under the Railroad Unemploy-
ment Insurance Act [45 U.S.C. 351 et seq.] by
every employer as defined in such Act shall be 4
per centum with respect to compensation as de-
fined in such Act, paid after December 31, 1961,
and before January 1, 1964.
(Pub. L. 87–7, § 5, Mar. 24, 1961, 75 Stat. 17.)
Editorial Notes
REFERENCES IN TEXT
Section 358(a) of this title, referred to in text, was
amended generally by Pub. L. 100–647, title VII,
§ 7102(a), Nov. 10, 1988, 102 Stat. 3759, and, as so amend-
ed, does not contain a cl. ‘‘2’’.
The Railroad Unemployment Insurance Act, referred
to in text, is act June 25, 1938, ch. 680, 52 Stat. 1094,
which is classified principally to chapter 11 (§ 351 et
seq.) of this title. For complete classification of this
Act to the Code, see section 367 of this title and Tables.
CHAPTER 13—RAILROAD SAFETY
SUBCHAPTER I—GENERAL PROVISIONS
§ 421. Repealed. Pub. L. 103–272, § 7(b), July 5,
1994, 108 Stat. 1379
Section, Pub. L. 91–458, title I, § 101, Oct. 16, 1970, 84
Stat. 971, stated congressional declaration of purpose
for this chapter. See section 20101 of Title 49, Transpor-
tation.
SUBCHAPTER II—RULES, REGULATIONS,
ORDERS, AND STANDARDS
§§ 431 to 447. Repealed. Pub. L. 103–272, § 7(b),
July 5, 1994, 108 Stat. 1379
Section 431, Pub. L. 91–458, title II, § 202, Oct. 16, 1970,
84 Stat. 971; Pub. L. 94–348, § 5, July 8, 1976, 90 Stat. 819;
Pub. L. 96–423, § 14, Oct. 10, 1980, 94 Stat. 1817; Pub. L.
97–468, title VII, § 702(a), (c), Jan. 14, 1983, 96 Stat. 2579;
Pub. L. 100–342, §§ 4(a), 7, 9, 10, 19(a), 21–23, June 22, 1988,
102 Stat. 625, 628, 629, 637–639; Pub. L. 102–143, title V, § 4,
Oct. 28, 1991, 105 Stat. 957; Pub. L. 102–365, §§ 2, 5(a)(1), 7,
8, 10, Sept. 3, 1992, 106 Stat. 972, 975, 976, 978; Pub. L.
102–533, § 14, Oct. 27, 1992, 106 Stat. 3522, authorized Sec-
retary of Transportation to promulgate rules, regula-
tions, orders, and standards for all areas of railroad
safety. See sections 20102, 20103, 20103 note, 20108, 20110,
20114, 20131 to 20143, and 24902 of Title 49, Transpor-
tation.
Section 432, Pub. L. 91–458, title II, § 203, Oct. 16, 1970,
84 Stat. 972; Pub. L. 96–423, § 3, Oct. 10, 1980, 94 Stat.
1811, related to emergency powers of Secretary of
Transportation. See section 20104 of Title 49.
Section 433, Pub. L. 91–458, title II, § 204, Oct. 16, 1970,
84 Stat. 972, required Secretary of Transportation to
submit comprehensive study and recommendation of
means of eliminating and protecting railroad grade
crossings and protecting pedestrians. See section 20134
of Title 49.
Section 434, Pub. L. 91–458, title II, § 205, Oct. 16, 1970,
84 Stat. 972, declared that laws, rules, regulations, or-
ders, and standards relating to railroad safety were to
be nationally uniform, but permitted more stringent
yet compatible State regulation. See section 20106 of
Title 49.
Section 435, Pub. L. 91–458, title II, § 206, Oct. 16, 1970,
84 Stat. 972; Pub. L. 96–423, § 4, Oct. 10, 1980, 94 Stat.
1812; Pub. L. 101–615, § 28(a)–(d), Nov. 16, 1990, 104 Stat.
3276, 3277, related to investigative and surveillance ac-
tivities by State in connection with any rule, regula-
tion, order, or standard related to railroad safety pre-
scribed by Secretary of Transportation. See sections
20105, 20111, and 20117 of Title 49.
Section 436, Pub. L. 91–458, title II, § 207, Oct. 16, 1970,
84 Stat. 974; Pub. L. 95–574, § 8, Nov. 2, 1978, 92 Stat. 2461;
Pub. L. 96–423, § 5, Oct. 10, 1980, 94 Stat. 1812; Pub. L.
101–615, § 28(e), Nov. 16, 1990, 104 Stat. 3277, related to ac-
tions by State agencies to enforce compliance with
Federal railroad safety rules, regulations, orders, and
standards. See section 20113 of Title 49.
Section 437, Pub. L. 91–458, title II, § 208, Oct. 16, 1970,
84 Stat. 974; Pub. L. 93–633, title II, § 206, Jan. 3, 1975, 88
Stat. 2166; Pub. L. 95–574, § 9, Nov. 2, 1978, 92 Stat. 2462;
Pub. L. 96–423, § 6, Oct. 10, 1980, 94 Stat. 1813; Pub. L.
100–342, § 8, June 22, 1988, 102 Stat. 628, related to gen-
eral powers of Secretary of Transportation. See section
54a of this title and sections 20107, 20108, 20111, and 20112
of Title 49.
Section 438, Pub. L. 91–458, title II, § 209, Oct. 16, 1970,
84 Stat. 975; Pub. L. 93–633, title II, § 204(a), Jan. 3, 1975,
88 Stat. 2165; Pub. L. 96–423, §§ 7, 8(a), Oct. 10, 1980, 94
Stat. 1814; Pub. L. 97–468, title VII, § 706, Jan. 14, 1983,
96 Stat. 2581; Pub. L. 100–342, § 3(a), June 22, 1988, 102
Stat. 624; Pub. L. 102–365, §§ 4(a)(1), (c)(1), 9(a)(1), Sept.
3, 1992, 106 Stat. 973, 974, 977, related to civil penalties
for violations of any railroad safety rule, regulation,
order, or standard issued under this subchapter or vio-
lations of section 39 of this title. See sections 20111,
20112, 20114, 21301, 21302, 21304, and 21311 of Title 49.
Section 439, Pub. L. 91–458, title II, § 210, Oct. 16, 1970,
84 Stat. 975; Pub. L. 96–423, § 9, Oct. 10, 1980, 94 Stat.
1814; Pub. L. 101–615, § 28(f), Nov. 16, 1990, 104 Stat. 3277,
related to restraint of violations of this subchapter and
certain other statutes and to enforcement of rules, etc.,
established under such subchapter or statutes. See sec-
tions 20112 to 20114 of Title 49.
Section 440, Pub. L. 91–458, title II, § 211, Oct. 16, 1970,
84 Stat. 976; Pub. L. 93–633, title II, § 203, Jan. 3, 1975, 88
Stat. 2164; Pub. L. 94–56, § 2, July 19, 1975, 89 Stat. 263;
Page 148
TITLE 45—RAILROADS
§§ 501 to 502
Pub. L. 96–470, title II, § 209(a), Oct. 19, 1980, 94 Stat.
2245; Pub. L. 100–342, § 12, June 22, 1988, 102 Stat. 630, re-
lated to annual report by Secretary of Transportation
on administration of this subchapter. See section 20116
of Title 49.
Section 441, Pub. L. 91–458, title II, § 212, as added Pub.
L. 96–423, § 10, Oct. 10, 1980, 94 Stat. 1815; amended Pub.
L. 100–342, § 5, June 22, 1988, 102 Stat. 627; Pub. L. 102–365,
§ 5(b), Sept. 3, 1992, 106 Stat. 975, related to protection
and rights of railroad employees. See section 20109 of
Title 49.
A prior section 441, Pub. L. 91–458, title II, § 212, Oct.
16, 1970, 84 Stat. 977; Pub. L. 93–90, § 2, Aug. 14, 1973, 87
Stat. 305; Pub. L. 93–633, title II, § 205, Jan. 3, 1975, 88
Stat. 2166; Pub. L. 94–56, § 3, July 19, 1975, 89 Stat. 263;
Pub. L. 94–348, § 2(a), July 8, 1976, 90 Stat. 817; Pub. L.
95–574, § 2, Nov. 2, 1978, 92 Stat. 2459, authorized appro-
priations to carry out this chapter, prior to repeal by
Pub. L. 96–423, § 2, Oct. 10, 1980, 94 Stat. 1811.
Section 442, Pub. L. 95–574, § 3, Nov. 2, 1978, 92 Stat.
2459, related to limitations on funding for railroad re-
search and development programs. See section 20117 of
Title 49, Transportation.
Section 443, Pub. L. 91–458, title II, § 213, as added Pub.
L. 96–423, § 11, Oct. 10, 1980, 94 Stat. 1816, related to pay
classifications of railroad safety inspectors and rail-
road safety specialists. See section 5109(c) of Title 5,
Government Organization and Employees.
Section 444, Pub. L. 91–458, title II, § 214, as added Pub.
L. 96–423, § 2, Oct. 10, 1980, 94 Stat. 1811; amended Pub.
L. 97–35, title XI, § 1195, Aug. 13, 1981, 95 Stat. 702; Pub.
L. 97–468, title VII, § 703, Jan. 14, 1983, 96 Stat. 2580; Pub.
L. 100–342, § 2, June 22, 1988, 102 Stat. 624; Pub. L. 101–508,
title X, § 10501(b), Nov. 5, 1990, 104 Stat. 1388–400; Pub. L.
102–365, § 12, Sept. 3, 1992, 106 Stat. 980, authorized ap-
propriations to carry out this chapter. See sections
20108 and 20117 of Title 49, Transportation.
Section 445, Pub. L. 91–458, title II, § 215, as added Pub.
L. 100–342, § 20, June 22, 1988, 102 Stat. 638, related to
grade crossing demonstration projects to reduce acci-
dents involving trains. See sections 20117 and 20134 of
Title 49.
Section 446, Pub. L. 101–647, title XVII, § 1704, Nov. 29,
1990, 104 Stat. 4846, related to railroad police officers.
See section 28101 of Title 49.
Section 447, Pub. L. 91–458, title II, § 216, as added Pub.
L. 101–508, title X, § 10501(a), Nov. 5, 1990, 104 Stat.
1388–399, related to railroad user fees. See section 20115
of Title 49.
CHAPTER 14—RAIL PASSENGER SERVICE
SUBCHAPTER I—GENERAL PROVISIONS
§§ 501 to 502. Repealed. Pub. L. 103–272, § 7(b),
July 5, 1994, 108 Stat. 1379
Section 501, Pub. L. 91–518, title I, § 101, Oct. 30, 1970,
84 Stat. 1328; Pub. L. 96–73, title I, § 102, Sept. 29, 1979,
93 Stat. 537; Pub. L. 97–35, title XI, § 1171, Aug. 13, 1981,
95 Stat. 687, related to congressional findings on needs
for cost- and energy-efficient intercity rail passenger
service. See section 24101 of Title 49, Transportation.
Section 501a, Pub. L. 91–518, title I, § 102, as added
Pub. L. 96–73, title I, § 103(a), Sept. 29, 1979, 93 Stat. 537;
amended Pub. L. 97–35, title XI, § 1172, Aug. 13, 1981, 95
Stat. 688, enumerated goals established by Congress for
Amtrak. See section 24101 of Title 49.
A prior section 102 of Pub. L. 91–518 was renumbered
section 103 and classified to section 502 of this title,
prior to repeal by Pub. L. 103–272, § 7(b).
Section 502, Pub. L. 91–518, title I, § 103, formerly § 102,
Oct. 30, 1970, 84 Stat. 1328; Pub. L. 93–146, § 2, Nov. 3,
1973, 87 Stat. 548; renumbered § 103 and amended Pub. L.
96–73, title I, §§ 103(a), 104, Sept. 29, 1979, 93 Stat. 537, 538;
Pub. L. 97–35, title XI, § 1173, Aug. 13, 1981, 95 Stat. 689;
Pub. L. 99–272, title IV, § 4012, Apr. 7, 1986, 100 Stat. 109;
Pub. L. 102–533, § 8, Oct. 27, 1992, 106 Stat. 3519, defined
terms for purposes of this chapter. See section 24102 of
Title 49, Transportation.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 91–518, § 1, Oct. 30, 1970, 84 Stat. 1327, as
amended by Pub. L. 93–496, § 12, Oct. 28, 1974, 88 Stat.
1531, provided that Pub. L. 91–518 (enacting this chapter
and section 250 of Title 26, Internal Revenue Code,
amending section 856 of former Title 31, Money and Fi-
nance, and enacting provision set out as a note under
section 250 of Title 26) could be cited as the ‘‘Rail Pas-
senger Service Act’’, prior to repeal by Pub. L. 103–272,
§ 7(b), July 5, 1994, 108 Stat. 1379.
SUBCHAPTER II—BASIC NATIONAL RAIL
PASSENGER SYSTEM
§§ 521, 522. Repealed. Pub. L. 103–272, § 7(b), July
5, 1994, 108 Stat. 1379
Section 521, Pub. L. 91–518, title II, § 201, Oct. 30, 1970,
84 Stat. 1329, authorized report designating routes and
basic service on intercity passenger system.
Section 522, Pub. L. 91–518, title II, § 202, Oct. 30, 1970,
84 Stat. 1329, directed review of preliminary report of
Secretary designating the basic system.
SUBCHAPTER III—NATIONAL RAILROAD
PASSENGER CORPORATION
§§ 541 to 548. Repealed. Pub. L. 103–272, § 7(b),
July 5, 1994, 108 Stat. 1379
Section 541, Pub. L. 91–518, title III, § 301, Oct. 30, 1970,
84 Stat. 1330; Pub. L. 95–421, § 11, Oct. 5, 1978, 92 Stat.
928; Pub. L. 97–35, title XI, § 1188(a), Aug. 13, 1981, 95
Stat. 699; Pub. L. 100–342, § 18(a), June 22, 1988, 102 Stat.
636, authorized establishment of National Railroad Pas-
senger Corporation. See sections 24101 and 24301 of Title
49, Transportation.
Section 542, Pub. L. 91–518, title III, § 302, Oct. 30, 1970,
84 Stat. 1330, related to Presidential appointment of
incorporators to establish National Railroad Passenger
Corporation.
Section 543, Pub. L. 91–518, title III, § 303, Oct. 30, 1970,
84 Stat. 1330; Pub. L. 92–316, § 1(a), June 22, 1972, 86 Stat.
227; Pub. L. 93–146, § 3(a), Nov. 3, 1973, 87 Stat. 548; Pub.
L. 94–25, § 2, May 26, 1975, 89 Stat. 90; Pub. L. 94–210, title
VII, § 706(f), formerly § 705(f), Feb. 5, 1976, 90 Stat. 124,
renumbered Pub. L. 96–254, title II, § 206(a), May 30, 1980,
94 Stat. 412; Pub. L. 94–555, title I, § 103, Oct. 19, 1976, 90
Stat. 2615; Pub. L. 97–35, title XI, § 1174(a), Aug. 13, 1981,
95 Stat. 689; Pub. L. 97–216, title I, § 101, July 18, 1982, 96
Stat. 187; Pub. L. 100–342, § 18(b), (c), June 22, 1988, 102
Stat. 636, related to board of directors, officers, bylaws,
and stock voting rights of National Railroad Passenger
Corporation. See sections 24302 and 24303 of Title 49,
Transportation.
Section 544, Pub. L. 91–518, title III, § 304, Oct. 30, 1970,
84 Stat. 1331; Pub. L. 93–496, § 2, Oct. 28, 1974, 88 Stat.
1526; Pub. L. 97–35, title XI, § 1175, Aug. 13, 1981, 95 Stat.
691; Pub. L. 99–272, title IV, § 4003, Apr. 7, 1986, 100 Stat.
107; Pub. L. 102–533, § 5, Oct. 27, 1992, 106 Stat. 3517, re-
lated to issuance by National Railroad Passenger Cor-
poration of stock, bonds, and other certificates of in-
debtedness. See section 24304 of Title 49.
Section 545, Pub. L. 91–518, title III, § 305, Oct. 30, 1970,
84 Stat. 1332; Pub. L. 92–316, § 2, June 22, 1972, 86 Stat.
228; Pub. L. 93–146, §§ 4–6, Nov. 3, 1973, 87 Stat. 549, 550;
Pub. L. 93–496, §§ 3, 4, 6, Oct. 28, 1974, 88 Stat. 1527, 1528;
Pub. L. 94–25, § 3, May 26, 1975, 89 Stat. 90; Pub. L. 94–210,
title VII, § 706(g), formerly § 705(g), Feb. 5, 1976, 90 Stat.
125, renumbered Pub. L. 96–254, title II, § 206(a), May 30,
1980, 94 Stat. 412; Pub. L. 94–555, title I, § 104, Oct. 19,
1976, 90 Stat. 2615; Pub. L. 95–421, § 10, Oct. 5, 1978, 92
Stat. 928; Pub. L. 96–73, title I, §§ 105–111(a), Sept. 29,
1979, 93 Stat. 539–541; Pub. L. 97–35, title XI, §§ 1176,
1177(a), 1188(b), Aug. 13, 1981, 95 Stat. 692, 699; Pub. L.
99–272, title IV, § 4007(e), title XIII, § 13031(h)(1), Apr. 7,
1986, 100 Stat. 108, 310, enumerated general powers of
National Railroad Passenger Corporation. See sections
24301, 24305 to 24307, 24311, 24709, and 24902 of Title 49.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter, except when used in amending the provisions of other Acts—
**(a)** The term “employer” means any carrier (as defined in subsection (b) of this section), and any company which is directly or indirectly owned or controlled by one or more such carriers or under common control therewith, and which operates any equipment or facility or performs any service (except trucking service, casual service, and the casual operation of equipment or facilities) in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the property or operating all or any part of the business of any such employer: Provided, however, That the term “employer” shall not include any street, interurban, or suburban electric railway, unless such railway is operating as a part of a general steam-railroad system of transportation, but shall not exclude any part of the general steam-railroad system of transportation now or hereafter operated by any other motive power. The Surface Transportation Board is hereby authorized and directed upon request of the Railroad Retirement Board, or upon complaint of any party interested, to determine after hearing whether any line operated by electric power falls within the terms of this proviso. The term “employer” shall also include railroad associations, traffic associations, tariff bureaus, demurrage bureaus, weighing and inspection bureaus, collection agencies, and other associations, bureaus, agencies, or organizations controlled and maintained wholly or principally by two or mor
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 351
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Federal law — U.S. Code and appendices · legal_authorities
Page 99
TITLE 45—RAILROADS
§ 351
Omitted sections
I.R.C. 1939
I.R.C. 1986
270 ..............................
3802 .......................
7511.
271 ..............................
272 ..............................
1535 .......................
7805(a), (c).
273 ..............................
Statutory Notes and Related Subsidiaries
COMPENSATION
FROM
LOCAL
DIVISION
OF
RAILWAY-
LABOR-ORGANIZATION
EMPLOYER
TAX—UNPAID
BE-
FORE JULY 1, 1940
Act Oct. 10, 1940, ch. 842, § 27(b), 54 Stat. 1101, provided
that, for the purpose of determining the amount of
taxes under sections 262(a) and 263(a) of this title, com-
pensation earned in the service of a local lodge or divi-
sion of a railway-labor-organization employer shall be
disregarded with respect to any calendar month if the
amount thereof is less than $3 and the taxes thereon
under such sections are not paid before July 1, 1940.
CHAPTER 11—RAILROAD UNEMPLOYMENT
INSURANCE
Sec.
351.
Definitions.
352.
Benefits.
353.
Qualifying condition.
354.
Disqualifying conditions.
355.
Claims for benefits.
355a.
Acceptance of claims for benefits.
356.
Returns
of
compensation;
conclusiveness;
failure to make.
357.
Free transportation.
358.
Contributions.
359.
Penalties.
360.
Railroad unemployment insurance account.
361.
Railroad unemployment insurance adminis-
tration fund.
362.
Duties and powers of Board.
363.
Exclusiveness of provisions; transfers from
State
unemployment
compensation
ac-
counts to railroad unemployment insurance
account.
363a.
Refunds of State unemployment contribu-
tions by employees; amount; application pe-
riod; definitions.
364.
District of Columbia account, transfer of
funds to railroad unemployment insurance
account.
365.
Omitted.
366.
Separability.
366a.
Effec
Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 351
Stored review status: historical_2024_not_currentness_verified. The source passage cites 45 U.S.C. § 351. This identifies an authority to review, not proof of applicability.