Page:United States Statutes at Large Volume 92 Part 2.djvu/731

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-524—OCT. 27, 1978 planning council for its review and comments and the recommendations of the prime sponsor planning council were satisfactorily considered prior to the submission of the proposed plan to the Secretary; "(5) the proposed plan for activities under this title has been made available to appropriate labor organizations, communitybased organizations and educational agencies for their comments prior to submission to the Secretary; and "(6) the prime sponsor and the private industry council have both agreed to the plan submitted to the Secretary and have provided assurances that no activity will be funded which does not have the approval of both the prime sponsor and the private industry council. "(b) The Secretary shall establish appropriate procedures to assure that the Department of Labor will review at the national level any proposal to make payments to private for-profit employers for any activities which are not covered by regulations under section 121 (1) or by regulations under other provisions of this Act, and a specific waiver by the Secretary shall be required to make payments for any such activities.

92 STAT. 2011

c

"PRIVATE INDUSTRY COUNCILS

"SEC. 704. (a)(1) Any prime sponsor receiving financial assistance 29 USC 984. under this title shall establish a private industry council. The prime sponsor shall appoint members from industry and the business community (including small business and minority business enterprises), organized labor, community-based organizations, and educational agencies and institutions to serve on such council. Other members of the private industry council may be appointed by the prime sponsor from representatives of persons eligible to participate in activities under this title. In no event shall representatives of industry and business have less than a majority on the council, and, whenever possible, at least half of such industry and business representatives shall be representatives of small business. The private industry council may consist of members of existing or newly formed organizations and members of the prime sponsor planning council. Such council may be established to cover two or more prime sponsor areas pursuant to arrangements between the prime sponsors for such areas and the council. " (2) For purposes of this subsection, the term 'small business' means "Small any private, for-profit enterprise employing 500 or fewer employees, business". "(b) The chairman of the private mdustry council (or the designee of the chairman) shall serve as an ex officio, nonvoting member of the prime sponsor planning council, and the chairman of the prime sponsor planning council (or the designee of the chairman) shall serve as an ex officio, nonvoting member of the private industry council. "(c) Such council shall participate with the prime sponsor in the development and implementation of programs under this title, and shall consult with the prime sponsor with respect to other programs under this Act. In carrying out its responsibilities, such council shall utilize, to the extent appropriate, community-based organizations, labor organizations, educational agencies and institutions, and economic development programs. "(d) The Secretary shall not, by regulation or otherwise, require that any prime sponsor, in establishing such council, give a presumptive role to any particular organization.