20 U.S.C. § 952 — Definitions

Page 145 TITLE 20—EDUCATION § 952 1 So in original. The period probably should be a comma. ‘‘SEC. 401. SENSE OF CONGRESS. ‘‘It is the sense of the Congress that a recipient (in- cluding a nation, individual, group, or organization) of any form of subsidy, aid, or other Federal assistance under the Acts amended by this Act [probably means this section, see Short Title of 1990 Amendment note above] should, in expending that assistance, purchase American-made equipment and products. ‘‘SEC. 402. NOTICE. ‘‘Any entity that provides a form of subsidy, aid, or other Federal assistance under the Acts amended by this Act shall provide to each recipient of such form of subsidy, aid, or other Federal assistance a notice de- scribing the sense of the Congress stated under section 401.’’ 1979 WHITE HOUSE CONFERENCE ON THE ARTS Pub. L. 95–272, title I, §§ 101–109, May 3, 1978, 92 Stat. 222–224, called for a White House Conference on the Arts to be held no later than Dec. 31, 1979, to help develop a climate in which the arts can flourish and to formulate recommendations relating to the appropriate growth of the arts in all parts of the Nation, established a Na- tional Conference Planning Council on the Arts to pro- vide guidance and planning for the Conference, directed the Council to submit a report of the Conference to the President and to the Congress no later than 180 days following the date on which the Conference was called, and provided the Council cease to exist 180 days, unless extended by the President, but in no event to exceed one year, after submission of the report. 1979 WHITE HOUSE CONFERENCE ON THE HUMANITIES Pub. L. 95–272, title II, §§ 201–209, May 3, 1978, 92 Stat. 224–226, called for a White House Conference on the Hu- manities to be held no later than Dec. 31, 1979, to help develop a climate in which the humanities can flourish and to formulate recommendations relating to the ap- propriate growth of the humanities in all parts of the Nation, established a National Planning Council on the Humanities to provide guidance and planning for the Conference, directed the Council to submit a report of the Conference to the President and to the Congress no later than 180 days following the date on which the Conference was called, and provided the Council cease to exist 180 days, unless extended by the President, but in no event to exceed one year, after submission of the report. Executive Documents EXECUTIVE ORDER NO. 12275 Ex. Ord. No. 12275, Jan. 16, 1981, 46 F.R. 5857, which es- tablished the Design Liaison Council and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12379, § 10, Aug. 17, 1982, 47 F.R. 36099, formerly set out as a note under section 1013 of Title 5, Govern- ment Organization and Employees. § 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 human- istic 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 rel- evance of the humanities to the current condi- tions of national life. (b) The term ‘‘the arts’’ includes, but is not limited to, music (instrumental and vocal), dance, drama, folk art, creative writing, archi- tecture and allied fields, painting, sculpture, photography, graphic and craft arts, industrial design, costume and fashion design, motion pic- tures, television, radio, film, video, tape and sound recording, the arts related to the presen- tation, 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. (c) The term ‘‘production’’ means plays (with or without music), ballet, dance and choral per- formances, concerts, recitals, operas, exhibi- tions, readings, motion pictures, television, radio, film, video, and tape and sound record- ings, and any other activities involving the exe- cution 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 orga- nized to carry out the purposes of this sub- chapter, including programs to foster American artistic creativity, to commission works of art, to create opportunities for individuals to de- velop artistic talents when carried on as a part of a program otherwise included in this defini- tion, and to develop and enhance the widest pub- lic knowledge and understanding of the arts, and includes, where appropriate, rental or purchase of facilities, purchase or rental of land, and ac- quisition of equipment. Such term also in- cludes— (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 cir- cumstances 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 Na- tional Council on the Humanities, as the case may be, (who are present and voting) approve of the grant or contract involving an expendi- ture 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 ama- teur, student, or other nonprofessional partici- pants, or to promote scholarship and teaching among the participants. Page 146 TITLE 20—EDUCATION § 953 (g) The term ‘‘State’’ includes, in addition to the several States of the Union, the Common- wealth 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 vari- ety 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 judg- ment 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 contem- porary community standards, would find that such project, production, workshop, or pro- gram, 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, § 3, Sept. 29, 1965, 79 Stat. 845; Pub. L. 90–348, §§ 1, 7, June 18, 1968, 82 Stat. 184, 187; Pub. L. 91–346, § 3, July 20, 1970, 84 Stat. 443; Pub. L. 93–133, § 2(a)(2), Oct. 19, 1973, 87 Stat. 462; Pub. L. 96–496, title I, § 101, Dec. 4, 1980, 94 Stat. 2583; renumbered title I, § 3, Pub. L. 98–306, § 2, May 31, 1984, 98 Stat. 223; renumbered § 3 and amended Pub. L. 99–194, title I, §§ 101(1), 103, Dec. 20, 1985, 99 Stat. 1332; Pub. L. 101–512, title III, § 318 [title I, § 102], Nov. 5, 1990, 104 Stat. 1960, 1962.) Editorial Notes AMENDMENTS 1990—Subsec. (b). Pub. L. 101–512, § 318 [title I, § 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, § 318 [title I, § 102(b)(2)], inserted ‘‘film, video,’’ after ‘‘radio,’’. Subsec. (d). Pub. L. 101–512, § 318 [title I, § 102(b)(3)(A)], inserted ‘‘the widest’’ after ‘‘enhance’’. Subsec. (d)(2). Pub. L. 101–512, § 318 [title I, § 102(b)(3)(B)], which directed the substitution of ‘‘sec- tions 954(p), 956(c)(10),’’ for ‘‘sections 954(1)’’, was exe- cuted by making the substitution for ‘‘sections 954(l)’’ to reflect the probable intent of Congress. Subsecs. (h), (i). Pub. L. 101–512, § 318 [title I, § 102(a)(2)], added subsecs. (h) and (i). Subsecs. (j) to (l). Pub. L. 101–512, § 318 [title I, § 102(c)], added subsecs. (j) to (l). 1985—Subsec. (a). Pub. L. 99–194, § 103(1), substituted ‘‘study and interpretation of the following’’ for ‘‘study of the following’’ and inserted ‘‘to reflecting our di- verse heritage, traditions, and history and’’ after ‘‘par- ticular attention’’. Subsec. (d)(2). Pub. L. 99–194, § 103(2), inserted ‘‘for purposes of sections 954(l) and 956(h) of this title only,’’ before ‘‘the construction of facilities if’’, ‘‘or human- istic’’ after ‘‘artistic’’, and ‘‘and the National Council on the Humanities, as the case may be,’’ after ‘‘the Na- tional Council on the Arts’’. 1980—Subsec. (a). Pub. L. 96–496, § 101(a), substituted ‘‘and theory of the arts’’ for ‘‘theory, and practice of the arts’’. Subsec. (d)(1)(B). Pub. L. 96–496, § 101(b), inserted ‘‘or the National Council on the Humanities, as the case may be’’. Subsec. (g). Pub. L. 96–496, § 101(c), inserted ‘‘the Northern Mariana Islands’’. 1973—Subsec. (d). Pub. L. 93–133 substituted ‘‘or pur- chase of facilities’’ for ‘‘, purchase, renovation, or con- struction of facilities’’ and added pars. (1) and (2). 1970—Subsec. (a). Pub. L. 91–346 extended term ‘‘hu- manities’’ 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, § 7, extended term ‘‘humanities’’ to include the study and application of enumerated fields to human environment. Subsec. (b). Pub. L. 90–348, § 7, extended term ‘‘arts’’ to include study and application of enumerated art forms to human environment. Subsec. (f). Pub. L. 90–348, § 1, substituted ‘‘activity’’ for ‘‘production’’ in definition of ‘‘workshop’’ and ex- tended enumerated purposes to include promotion of scholarship and teaching among participants. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–512 effective Oct. 1, 1990, see section 318 [title IV, § 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. § 953. National Foundation on the Arts and the Humanities (a) Establishment; composition There is established a National Foundation on the Arts and the Humanities (hereinafter re- ferred to as the ‘‘Foundation’’), which shall be composed of a National Endowment for the Arts, a National Endowment for the Humanities, a Federal Council on the Arts and the Humanities, and an Institute of Museum and Library Serv- ices. (b) Purpose The purpose of the Foundation shall be to de- velop and promote a broadly conceived national policy of support for the humanities and the arts in the United States, and for institutions which preserve the cultural heritage of the United States pursuant to this subchapter.