Page:United States Statutes at Large Volume 112 Part 2.djvu/157

 PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 1041 of such business at the original location and such original location is within the United States. (3) REPAYMENT.— If the Secretary determines that a violation of paragraph (1) or (2) has occurred, the Secretary shall require the State that has violated such paragraph to repay to the United States an amount equal to the amount expended in violation of such paragraph. (e) LIMITATION ON USE OF FUNDS.— No funds available under this title shall be used for employment generating activities, economic development activities, investment in revolving loan funds, capitalization of businesses, investment in contract bidding resource centers, and similar activities that are not directly related to training for eligible individuals under this title. No funds available under subtitle B shall be used for foreign travel. (f) TESTING AND SANCTIONING FOR USE OF CONTROLLED SUB- STANCES. — (1) IN GENERAL. — Notwithstanding any other provision of law, a State shall not be prohibited by the Federal Government from— (A) testing participants in programs under subtitle B for the use of controlled substances; and (B) sanctioning such participants who test positive for the use of such controlled substances. (2) ADDITIONAL REQUIREMENTS.— (A) PERIOD OF SANCTION.—In sanctioning participants in programs under subtitle B who test positive for the useof controlled substances— (i) with respect to the first occurrence for which a participant tests positive, a State may exclude the participant from the program for a period not to exceed 6 months; and (ii) with respect to the second occurrence and each subsequent occurrence for which a participant tests positive, a State may exclude the participant from the program for a period not to exceed 2 years. (B) APPEAL. —The testing of participants and the imposition of sanctions under this subsection shall be subject to expeditious appeal in accordance with due process procedures established by the State. (C) PRIVACY.—^A State shall establish procedures for Procedures, testing participants for the use of controlled substances that ensure a maximum degree of privacy for the participants. (4) FUNDING REQUIREMENT.— In testing and sanctioning of participants for the use of controlled substances in accordance with this subsection, the only Federal funds that a State may use are the amounts made available for the administration of statewide workforce investment activities under section 134(a)(3)(B). SEC. 182. PROMPT ALLOCATION OF FUNDS. 29 USC 2932. (a) ALLOTMENTS BASED ON LATEST AVAILABLE DATA.— Al l allotments to States and grants to outlying areas under this title shall be based on the latest available data and estimates satisfactory to the Secretary. All data relating to disadvantaged adults and disadvantaged youth shall be based on the most recent satisfactory data from the Bureau of the Census.

�