Page:United States Statutes at Large Volume 108 Part 3.djvu/75

 PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 1827 SEC. 20408. AMENDMENTS TO THE DEPARTMENT OF EDUCATION ORGANIZATION ACT AND THE NATIONAL LITERACY ACT OF 1991. (a) TECHNICAL AMENDMENT.— The matter preceding paragraph (1) of section 214(d) of the Department of Education Organization Act (20 U.S.C. 3423a(d)) is amended by striking "under subsection (a)" and inserting "under subsection (c)". (b) ESTABLISHMENT OF A PANEL AND USE OF FUNDS. —Section 601 of the National Literacy Act of 1991 (20 U.S.C. 1211 -2) is amended— (1) by redesignating subsection (g) as subsection (i); and (2) by inserting alter subsection (f) the following new subsections: "(g) PANEL. —The Secretary is authorized to consult with and convene a panel of experts in correctional education, including program aaministrators and field-based professionals in adult corrections, juvenile services, jails, and community corrections programs, to— "(1) develop measures for evaluating the effectiveness of the programs funded under this section; and "(2) evaluate the effectiveness of such programs. "(h) USE OF FUNDS.—Notwithstanding any other provision of law, the Secretary may use not more than five percent of funds appropriated under subsection (i) in any fiscal year to carry out grant-related activities such as monitoring, technical assistance, and replication and dissemination.". SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING. (a) AMENDMENT OF TITLE 18, UNITED STATES CoDE. —Subchapter C of chapter 229 of part 2 of title 18, United States Code, is amended by adding at the end the following new section: " (a) REQUIREMENT OF SHOWING WITH RESPECT TO THE PLAIN- TIFF IN PARTICULAR.— "(1) HOLDING.— ^A Federal court shall not hold prison or jail crowding unconstitutional under the eighth amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment of that inmate. "(2) RELIEF. —The relief in a case described in paragraph (1) shall extend no further than necessary to remove the conditions that are causing the cruel and unusual punishment of the plaintiff inmate. " (b) INMATE POPULATION CEILINGS. — " (1) REQUIREMENT OF SHOWING WITH RESPECT TO PARTICU- LAR PRISONERS,—A Federal court shall not place a ceiling on the inmate population of any Federal, State, or local detention facility as an equitable remedial measure for conditions that violate the eighth amendment unless crowding is inflicting cruel and unusual punishment on particular identified prisoners. "(2) RULE OF CONSTRUCTION.— Paragraph (1) shall not be construed to have any effect on Federal judicial power to issue equitable relief other than that described in paragraph (1), including the requirement of improved medical or health care
 * § 3626. Appropriate remedies with respect to prison crowding

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