§ 952. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC952]
TITLE 20--EDUCATION
CHAPTER 26--SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM
SERVICES
SUBCHAPTER I--NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
Sec. 952. Definitions
As used in this subchapter--
(a) The term ``humanities'' includes, but is not limited to, the
study and interpretation of the following: language, both modern and
classical; linguistics; literature; history; jurisprudence; philosophy;
archeology; comparative religion; ethics; the history, criticism, and
theory of the arts; those aspects of the social sciences which have
humanistic content and employ humanistic methods; and the study and
application of the humanities to the human environment with particular
attention to reflecting our diverse heritage, traditions, and history
and to the relevance of the humanities to the current conditions of
national life.
(b) The term ``the arts'' includes, but is not limited to, music
(instrumental and vocal), dance, drama, folk art, creative writing,
architecture and allied fields, painting, sculpture, photography,
graphic and craft arts, industrial design, costume and fashion design,
motion pictures, television, radio, film, video, tape and sound
recording, the arts related to the presentation, performance, execution,
and exhibition of such major art forms, all those traditional arts
practiced by the diverse peoples of this country.\1\ and the study and
application of the arts to the human environment.
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\1\ So in original. The period probably should be a comma.
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(c) The term ``production'' means plays (with or without music),
ballet, dance and choral performances, concerts, recitals, operas,
exhibitions, readings, motion pictures, television, radio, film, video,
and tape and sound recordings, and any other activities involving the
execution or rendition of the arts and meeting such standards as may be
approved by the National Endowment for the Arts established by section
954 of this title.
(d) The term ``project'' means programs organized to carry out the
purposes of this subchapter, including programs to foster American
artistic creativity, to commission works of art, to create opportunities
for individuals to develop artistic talents when carried on as a part of
a program otherwise included in this definition, and to develop and
enhance the widest public knowledge and understanding of the arts, and
includes, where appropriate, rental or purchase of facilities, purchase
or rental of land, and acquisition of equipment. Such term also
includes--
(1) the renovation of facilities if (A) the amount of the
expenditure of Federal funds for such purpose in the case of any
project does not exceed $250,000, or (B) two-thirds of the members
of the National Council on the Arts or the National Council on the
Humanities, as the case may be (who are present and voting) approve
of the grant or contract involving an expenditure for such purpose;
and
(2) for purposes of sections 954(p), 956(c)(10), and 956(h) of
this title only, the construction of facilities if (A) such
construction is for demonstration purposes or under unusual
circumstances where there is no other manner in which to accomplish
an artistic or humanistic purpose, and (B) two-thirds of the members
of the National Council on the Arts and the National Council on the
Humanities, as the case may be, (who are present and voting) approve
of the grant or contract involving an expenditure for such purpose.
(e) The term ``group'' includes any State or other public agency,
and any nonprofit society, institution, organization, association,
museum, or establishment in the United States, whether or not
incorporated.
(f) The term ``workshop'' means an activity the primary purpose of
which is to encourage the artistic development or enjoyment of amateur,
student, or other nonprofessional participants, or to promote
scholarship and teaching among the participants.
(g) The term ``State'' includes, in addition to the several States
of the Union, the Commonwealth of Puerto Rico, the District of Columbia,
Guam, American Samoa, the Northern Mariana Islands, and the Virgin
Islands.
(h) The term ``local arts agency'' means a community organization,
or an agency of local government, that primarily provides financial
support, services, or other programs for a variety of artists and arts
organizations, for the benefit of the community as a whole.
(i) The term ``developing arts organization'' means a local arts
organization of high artistic promise which--
(1) serves as an important source of local arts programming in a
community; and
(2) has the potential to develop artistically and
institutionally to broaden public access to the arts in rural and
innercity areas and other areas that are underserved artistically.
(j) The term ``determined to be obscene'' means determined, in a
final judgment of a court of record and of competent jurisdiction in the
United States, to be obscene.
(k) The term ``final judgment'' means a judgment that is either--
(1) not reviewed by any other court that has authority to review
such judgment; or
(2) is not reviewable by any other court.
(l) The term ``obscene'' means with respect to a project,
production, workshop, or program that--
(1) the average person, applying contemporary community
standards, would find that such project, production, workshop, or
program, when taken as a whole, appeals to the prurient interest;
(2) such project, production, workshop, or program depicts or
describes sexual conduct in a patently offensive way; and
(3) such project, production, workshop, or program, when taken
as a whole, lacks serious literary, artistic, political, or
scientific value.
(Pub. L. 89-209, Sec. 3, Sept. 29, 1965, 79 Stat. 845; Pub. L. 90-348,
Secs. 1, 7, June 18, 1968, 82 Stat. 184, 187; Pub. L. 91-346, Sec. 3,
July 20, 1970, 84 Stat. 443; Pub. L. 93-133, Sec. 2(a)(2), Oct. 19,
1973, 87 Stat. 462; Pub. L. 96-496, title I, Sec. 101, Dec. 4, 1980, 94
Stat. 2583; renumbered title I, Sec. 3, Pub. L. 98-306, Sec. 2, May 31,
1984, 98 Stat. 223; renumbered Sec. 3 and amended Pub. L. 99-194, title
I, Secs. 101(1), 103, Dec. 20, 1985, 99 Stat. 1332; Pub. L. 101-512,
title III, Sec. 318 [title I, Sec. 102], Nov. 5, 1990, 104 Stat. 1960,
1962.)
Amendments
1990--Subsec. (b). Pub. L. 101-512, Sec. 318 [title I,
Sec. 102(a)(1), (b)(1)], inserted ``all those traditional arts practiced
by the diverse peoples of this country.'' after ``forms,'' and ``film,
video,'' after ``radio,''.
Subsec. (c). Pub. L. 101-512, Sec. 318 [title I, Sec. 102(b)(2)],
inserted ``film, video,'' after ``radio,''.
Subsec. (d). Pub. L. 101-512, Sec. 318 [title I, Sec. 102(b)(3)(A)],
inserted ``the widest'' after ``enhance''.
Subsec. (d)(2). Pub. L. 101-512, Sec. 318 [title I,
Sec. 102(b)(3)(B)], which directed the substitution of ``sections
954(p), 956(c)(10),'' for ``sections 954(1)'', was executed by making
the substitution for ``sections 954(l)'' to reflect the probable intent
of Congress.
Subsecs. (h), (i). Pub. L. 101-512, Sec. 318 [title I,
Sec. 102(a)(2)], added subsecs. (h) and (i).
Subsecs. (j) to (l). Pub. L. 101-512, Sec. 318 [title I,
Sec. 102(c)], added subsecs. (j) to (l).
1985--Subsec. (a). Pub. L. 99-194, Sec. 103(1), substituted ``study
and interpretation of the following'' for ``study of the following'' and
inserted ``to reflecting our diverse heritage, traditions, and history
and'' after ``particular attention''.
Subsec. (d)(2). Pub. L. 99-194, Sec. 103(2), inserted ``for purposes
of sections 954(l) and 956(h) of this title only,'' before ``the
construction of facilities if'', ``or humanistic'' after ``artistic'',
and ``and the National Council on the Humanities, as the case may be,''
after ``the National Council on the Arts''.
1980--Subsec. (a). Pub. L. 96-496, Sec. 101(a), substituted ``and
theory of the arts'' for ``theory, and practice of the arts''.
Subsec. (d)(1)(B). Pub. L. 96-496, Sec. 101(b), inserted ``or the
National Council on the Humanities, as the case may be''.
Subsec. (g). Pub. L. 96-496, Sec. 101(c), inserted ``the Northern
Mariana Islands''.
1973--Subsec. (d). Pub. L. 93-133 substituted ``or purchase of
facilities'' for ``, purchase, renovation, or construction of
facilities'' and added pars. (1) and (2).
1970--Subsec. (a). Pub. L. 91-346 extended term ``humanities'' to
include the study of comparative religion and ethics, and emphasized
that particular attention be paid to relevance of humanities to current
conditions of national life when engaging in study and application of
humanities to human environment.
1968--Subsec. (a). Pub. L. 90-348, Sec. 7, extended term
``humanities'' to include the study and application of enumerated fields
to human environment.
Subsec. (b). Pub. L. 90-348, Sec. 7, extended term ``arts'' to
include study and application of enumerated art forms to human
environment.
Subsec. (f). Pub. L. 90-348, Sec. 1, substituted ``activity'' for
``production'' in definition of ``workshop'' and extended enumerated
purposes to include promotion of scholarship and teaching among
participants.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section 318
[title IV, Sec. 403(a)] of Pub. L. 101-512, set out as a note under
section 951 of this title.
Effective Date of 1973 Amendment
Amendment by Pub. L. 93-133 effective on and after July 1, 1973, see
section 2(b) of Pub. L. 93-133, set out as a note under section 951 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 954, 956 of this title.
