(a) Certification of the PIC. (1) The chief elected official(s) of
the SDA shall establish and the Governor shall certify the private
industry council (PIC) pursuant to section 102 of the Act.
(2) The Governor shall review the certification of the PIC
biennially, one year prior to the effective date of the 2-year SDA job
training plan to the Governor. The Governor's review shall include:
(i) The PIC composition, which shall be consistent with section
102(a), (b), (c), and (d) of the Act and shall include the names of
individuals nominated and their qualifications;
(ii) The nomination process;
(iii) The written agreement(s) among the appropriate chief elected
official(s) and the PIC, including procedures for the development of the
SDA job training plan and the selection of the grant recipient and
administrative entity.
(3) The chief elected official shall select labor representatives
for the PIC from individuals recommended by recognized State and local
labor federations. For purposes of this section, a labor federation is
an alliance of two or more organized labor unions for the purpose of
mutual support and action. An example of a recognized labor federation
is the AFL-CIO.
(b) Responsibilities of the PIC. Pursuant to section 103 of the Act,
the PIC shall:
(1) Provide policy and program guidance for all activities under the
job training plan for the SDA;
(2) In accordance with agreements negotiated with the appropriate
chief elected official(s), determine the procedures for development of
the job training plan and select the grant recipient and administrative
entity for the SDA;
(3) Independent oversight. As specified in subpart D of part 627 of
this chapter, the PIC shall exercise independent oversight over programs
and activities under the job training plan, which oversight shall not be
circumscribed by agreements with the appropriate chief elected
official(s) of the SDA;
(4) Be a party to the designation of substate grantees under title
III, as set forth in Sec. 631.35 of this chapter;
(5) Establish guidelines for the level of skills to be provided in
occupational skills training programs funded by the administrative
entity;
(6) Consult with the Governor on agreements to provide services for
older individuals under section 204(d) of the Act;
(7) Establish youth and adult competency levels consistent with
performance standards established by the Secretary, based on such
factors as entry level skills and other hiring requirements, in
consultation with educational agencies and, where appropriate, with
representatives of business, organized labor and community-based
organizations pursuant to section 106(b)(5) and 107(d); and
(8) Identify occupations for which there is a demand in the area
served.
(c) Substate plan. The PIC shall be provided the opportunity to
review and comment on a substate grantee plan under title III of the Act
prior to the submission of such plan to the Governor (section 313(a)).
(d) [Reserved]
(e) The State Employment Service agency shall develop jointly with
each appropriate PIC and chief elected official(s) for the SDA those
components of the plans required under the Wagner-Peyser Act which are
applicable to the SDA. (See part 652 of this chapter).
(f) Single SDA States. (1) In any case in which the service delivery
area is a State, the SJTCC or a portion of the SJTCC may be
reconstituted as a PIC if the PIC meets the requirements of section
102(a) of the Act.
(2) When the service delivery area is a State and the functions of
the SJTCC are embodied in the HRIC, the HRIC or a portion of the HRIC
may be reconstituted as a PIC if the requirements for
private sector business representation at section 102(a)(1) of the Act
are met (section 102(h)).
