U.S. Code » Title 42 » Chapter CHAPTER 7— SOCIAL SECURITY › Subchapter SUBCHAPTER IX— EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING

42 U.S.C. § 1107

Personnel training

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(a) Creation of programIn order to assist in increasing the effectiveness and efficiency of administration of the unemployment compensation program by increasing the number of adequately trained personnel, the Secretary of Labor shall—(1) provide directly, through State agencies, or through contracts with institutions of higher education or other qualified agencies, organizations, or institutions, programs and courses designed to train individuals to prepare them, or improve their qualifications, for service in the administration of the unemployment compensation program, including claims determinations and adjudication, with such stipends and allowances as may be permitted under regulations of the Secretary;(2) develop training materials for and provide technical assistance to the State agencies in the operation of their training programs;(3) under such regulations as he may prescribe, award fellowships and traineeships to persons in the Federal-State employment security agencies, in order to prepare them or improve their qualifications for service in the administration of the unemployment compensation program.(b) Repayment of costs

The Secretary may, to the extent that he finds such action to be necessary, prescribe requirements to assure that any person receiving a fellowship, traineeship, stipend or allowance shall repay the costs thereof to the extent that such person fails to serve in the Federal-State employment security program for the period prescribed by the Secretary. The Secretary may relieve any individual of his obligation to so repay, in whole or in part, whenever and to the extent that such repayment would, in his judgment, be inequitable or would be contrary to the purposes of any of the programs established by this section.

(c) Detail of Federal and State employees

The Secretary, with the concurrence of the State, may detail Federal employees to State unemployment compensation administration and the Secretary may concur in the detailing of State employees to the United States Department of Labor for temporary periods for training or for purposes of unemployment compensation administration, and the provisions of section 869b 11 See References in Text note below. of title 20 or any more general program of interchange enacted by a law amending, supplementing, or replacing section 869b 1 of title 20 shall apply to any such assignment.

(d) Authorization of appropriations

There are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and for each fiscal year thereafter such sums, not to exceed $5,000,000, as may be necessary to carry out the purposes of this section.

(Aug. 14, 1935, ch. 531, title IX, § 907, as added Pub. L. 91–373, title I, § 141, Aug. 10, 1970, 84 Stat. 705.)Editorial NotesReferences in Text

Section 869b of title 20, referred to in subsec. (c), was repealed by Pub. L. 91–648, title IV, § 403, Jan. 5, 1971, 84 Stat. 1925. Provisions relating to assignment of personnel to and from State and local governments are covered by section 3371 et seq. of Title 5, Government Organization and Employees.

Prior Provisions

A prior section 1107, acts Aug. 14, 1935, ch. 531, title IX, § 907, 49 Stat. 642; June 25, 1938, ch. 680, § 13(a), 52 Stat. 1110, related to definitions. For further details, see Prior Law note set out preceding section 1101 of this title.

Notes of Decisions
Cited in 22 cases, 1936–1949 · leading case: Inland Steel Co. v. Nat'l Labor Relations Bd., 170 F.2d 247 (7th Cir. 1949).
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Inland Steel Co. v. Nat'l Labor Relations Bd., 170 F.2d 247 (7th Cir. 1949). “907, 42 U.S.C.A. § 1107 , the same Congress which enacted the National Labor Relations Act defined taxable “wages” as embracing "all remuneration * * * [for services performed by an employee for his employer], including the cash value of all remuneration paid in any medium other…”
Chester C. Fosgate Co. v. United States, 125 F.2d 775 (5th Cir. 1942). “643 , 42 U.S.C.A. § 1107 (c) (1), excepted from the basis of taxation wages for “agricultural labor.”
Allen v. Shelton, 96 F.2d 102 (5th Cir. 1938). “They claim that these commodities are produced by agricultural labor and that employment with reference thereto is excepted from the provisions of said act by section 907 (c) (1) thereof, 42 U.S.C.A. § 1107 (c) (1). Relying upon this exception in the act, this suit is filed in…”
Texas Unemployment Comp. Comm'n v. Metro. Bldg. & Loan Ass'n, 139 S.W.2d 309 (Tex. Civ. App.—Austin 1940). “Likewise, Section 907(c)(5) of the Federal Social Security Act, 42 U.S.C.A. § 1107 (c) (5), provides that the term “employment” means any service, “except * * * Service performed in the employ of the United States Government or of an instrumentality of the United States.”
Davis v. Boston & M. R. Co., 89 F.2d 368 (1st Cir. 1937). · cites it 4× “may well be that during the construction of his home he might find that he has had for one day, or a part of a day — though not at the same moment of time — during twenty weeks, though not even in consecutive weeks — eight employees at work in *377 constructing his house; and,…”
Smith v. Reynolds, 43 F. Supp. 510 (D. Minn. 1942). “§ 1011 (b) (8), relating to Title VIII of the Social Security Act (employees), and Section 907(c) (7) of *513 the same Act, 42 U.S.C.A. § 1107 (c) (7), relating to Title IX (employees) of the Act, the language of each of said Sections being identical, is as follows: “The term…”
Larson v. Ives Dairy Co., 154 F.2d 701 (5th Cir. 1946). “, paid social security taxes for 1938 and 1939 in respect of employees connected with its milk and cream sales; and, on the ground that the employment was “agricultural labor” *702 excepted from the tax, 42 U.S.C.A. § 1107 ,. sought refund in vain, and then sued the respective…”
Stone v. United States, 55 F. Supp. 230 (E.D. Pa. 1943). “r January 1, 1936, every employer (as defined in section 907) shall pay for each calendar year an excise tax, with respect to having individuals in his employ, equal to the following percentages of the total wages (as defined in section 907) payable by him (regardless of the…”
In re the Appeal of Yerian, 35 Haw. 855 (1941). · cites it 2× “1040, 1110, 42 USCA § 1107). Section 907 of the Social Security Act was incorporated into the Internal Revenue Code of February 10, 1939 (53 Stat.”
Whalen v. Harrison, 51 F. Supp. 515 (N.D. Ill. 1943). “620 , 42 U.S.C.A. § 1107 , and accordingly assessed the tax here in question.”
Beckwith v. United States, 67 F. Supp. 902 (D. Mass. 1946). “A. Internal Revenue Code, § 1426(b), provides (hat: “The term ‘employment’ means any service, of whatever nature, performed within the United States by an employee for his employer * * Section 907(c) of the Social Security Act, 42 U.”
Davis v. Boston & Maine R. R., 17 F. Supp. 97 (D. Mass. 1936). “*101 Section 907 (c) of the act ( 42 U.S.C.A. § 1107 (c) defines the meaning of “employment”, and excepts from that term the following classes: Agricultural labor, private domestic servants, officers and crews -of vessels, family services, services in behalf of the United…”
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