20 U.S.C. § 951 — Declaration of findings and purposes

Page 143 TITLE 20—EDUCATION § 951 (6) The term ‘‘Director’’ means the Director of the Department of Defense Education Ac- tivity. (Pub. L. 95–561, title XIV, § 1414, Nov. 1, 1978, 92 Stat. 2372; Pub. L. 101–189, div. A, title III, § 325(a), Nov. 29, 1989, 103 Stat. 1415; Pub. L. 101–510, div. A, title V, § 504(b), Nov. 5, 1990, 104 Stat. 1559; Pub. L. 106–65, div. A, title III, § 354(7), Oct. 5, 1999, 113 Stat. 574.) Editorial Notes AMENDMENTS 1999—Par. (6). Pub. L. 106–65 added par. (6). 1990—Par. (5). Pub. L. 101–510 added par. (5). 1989—Par. (2). Pub. L. 101–189 amended par. (2) gen- erally. Prior to amendment, par. (2) read as follows: ‘‘The term ‘sponsor’ means— ‘‘(A) a member of the Armed Forces serving on ac- tive duty, or ‘‘(B) a civilian officer or employee of the Depart- ment of Defense paid from appropriated funds.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–189 applicable with re- spect to periods of enrollment in schools of the defense dependents’ education system beginning after Sept. 30, 1989, see section 325(c) of Pub. L. 101–189, set out as a note under section 923 of this title. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. CHAPTER 26—SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM SERVICES SUBCHAPTER I—NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Sec. 951. Declaration of findings and purposes. 952. Definitions. 953. National Foundation on the Arts and the Hu- manities. 954. National Endowment for the Arts. 954a. Access to the arts through support of edu- cation. 955. National Council on the Arts. 955a. Omitted. 955b. National Medal of Arts. 956. National Endowment for the Humanities. 956a. National Capital arts and cultural affairs; grant programs. 957. National Council on the Humanities. 957a. Omitted. 958. Federal Council on the Arts and the Human- ities. 959. Administrative provisions. 959a. Gifts, bequests, and devises. 960. Authorization of appropriations. SUBCHAPTER II—MUSEUM SERVICES 961 to 969. Omitted. SUBCHAPTER I—NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES § 951. Declaration of findings and purposes The Congress finds and declares the following: (1) The arts and the humanities belong to all the people of the United States. (2) The encouragement and support of na- tional progress and scholarship in the human- ities and the arts, while primarily a matter for private and local initiative, are also appro- priate matters of concern to the Federal Gov- ernment. (3) An advanced civilization must not limit its efforts to science and technology alone, but must give full value and support to the other great branches of scholarly and cultural activ- ity in order to achieve a better understanding of the past, a better analysis of the present, and a better view of the future. (4) Democracy demands wisdom and vision in its citizens. It must therefore foster and support a form of education, and access to the arts and the humanities, designed to make people of all backgrounds and wherever lo- cated masters of their technology and not its unthinking servants. (5) It is necessary and appropriate for the Federal Government to complement, assist, and add to programs for the advancement of the humanities and the arts by local, State, regional, and private agencies and their orga- nizations. In doing so, the Government must be sensitive to the nature of public sponsor- ship. Public funding of the arts and human- ities is subject to the conditions that tradi- tionally govern the use of public money. Such funding should contribute to public support and confidence in the use of taxpayer funds. Public funds provided by the Federal Govern- ment must ultimately serve public purposes the Congress defines. (6) The arts and the humanities reflect the high place accorded by the American people to the nation’s rich cultural heritage and to the fostering of mutual respect for the diverse be- liefs and values of all persons and groups. (7) The practice of art and the study of the humanities require constant dedication and devotion. While no government can call a great artist or scholar into existence, it is nec- essary and appropriate for the Federal Govern- ment to help create and sustain not only a cli- mate encouraging freedom of thought, imagi- nation, and inquiry but also the material con- ditions facilitating the release of this creative talent. (8) The world leadership which has come to the United States cannot rest solely upon su- perior power, wealth, and technology, but must be solidly founded upon worldwide re- spect and admiration for the Nation’s high qualities as a leader in the realm of ideas and of the spirit. (9) Americans should receive in school, back- ground and preparation in the arts and hu- manities to enable them to recognize and ap- preciate the aesthetic dimensions of our lives, the diversity of excellence that comprises our cultural heritage, and artistic and scholarly expression. (10) It is vital to a democracy to honor and preserve its multicultural artistic heritage as well as support new ideas, and therefore it is essential to provide financial assistance to its artists and the organizations that support their work. Page 144 TITLE 20—EDUCATION § 951 (11) To fulfill its educational mission, achieve an orderly continuation of free soci- ety, and provide models of excellence to the American people, the Federal Government must transmit the achievement and values of civilization from the past via the present to the future, and make widely available the greatest achievements of art. (12) In order to implement these findings and purposes, it is desirable to establish a Na- tional Foundation on the Arts and the Human- ities. (Pub. L. 89–209, § 2, Sept. 29, 1965, 79 Stat. 845; Pub. L. 91–346, § 2, July 20, 1970, 84 Stat. 443; Pub. L. 93–133, § 2(a)(1), Oct. 19, 1973, 87 Stat. 462; re- numbered title I, § 2, and amended Pub. L. 98–306, §§ 2, 3, May 31, 1984, 98 Stat. 223; renumbered § 2 and amended Pub. L. 99–194, title I, §§ 101(1), 102, Dec. 20, 1985, 99 Stat. 1332; Pub. L. 101–512, title III, § 318 [title I, § 101], Nov. 5, 1990, 104 Stat. 1960, 1961.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–512 amended section generally, sub- stituting provisions relating to declaration of findings and purposes consisting of pars. (1) to (12) for provisions relating to declaration of purpose consisting of cls. (1) to (9). 1985—Cl. (2). Pub. L. 99–194, § 102(1), struck out ‘‘man’s’’ before ‘‘scholarly and cultural activity’’. Cl. (3). Pub. L. 99–194, § 102(2), inserted ‘‘, and access to the arts and the humanities,’’ after ‘‘form of edu- cation’’ and substituted ‘‘people of all backgrounds and wherever located’’ for ‘‘men’’. Cls. (8), (9). Pub. L. 99–194, § 102(3)–(5), added cl. (8) and redesignated former cl. (8) as (9). 1984—Cls. (6) to (8). Pub. L. 98–306, § 3, added cl. (6) and redesignated former cls. (6) and (7) as (7) and (8), respec- tively. 1973—Cl. (7). Pub. L. 93–133 struck out provisions re- lating to strengthening the responsibilities of the Of- fice of Education with respect to education in the arts and the humanities. 1970—Cl. (2). Pub. L. 91–346 inserted ‘‘in order to achieve a better understanding of the past, a better analysis of the present, and a better view of the fu- ture’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–512, title III, § 318 [title IV, § 403], Nov. 5, 1990, 104 Stat. 1960, 1977, provided that: ‘‘(a) GENERAL EFFECTIVE DATE.—Except as provided in subsection (b), this Act [probably means section, see Short Title of 1990 Amendment note below] and the amendments made by this Act shall take effect on Oc- tober 1, 1990. ‘‘(b) SPECIAL EFFECTIVE DATE.—The amendments made by sections 110, 204, and 301 [amending sections 960, 967, and 974 of this title] shall take effect on the date of the enactment of this Act [Nov. 5, 1990] or Octo- ber 1, 1990, whichever is earlier.’’ EFFECTIVE DATE OF 1973 AMENDMENT Pub. L. 93–133, § 2(b), Oct. 19, 1973, 87 Stat. 465, pro- vided that: ‘‘The amendments made by subsection (a) [amending this section and sections 952 and 954 to 960 of this title and repealing sections 962 and 963 of this title] shall be effective on and after July 1, 1973.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–512, title III, § 318, Nov. 5, 1990, 104 Stat. 1960, provided that: ‘‘This section [enacting sections 954a and 969 of this title, amending this section, sec- tions 952, 954, 955, 956, 958, 959, 960, 963, 964, 965, 967, and 974 of this title, and section 5315 of Title 5, Government Organization and Employees, and enacting notes under this section and section 954 of this title] may be cited as the ‘Arts, Humanities, and Museums Amendments of 1990’.’’ SHORT TITLE OF 1985 AMENDMENT Pub. L. 99–194, § 1, Dec. 20, 1985, 99 Stat. 1332, provided that: ‘‘This Act [enacting section 177 of title 2, The Congress, amending this section and sections 952 to 955, 956, 957, 958 to 960, 963, 964, 967, 971, 972, and 974 of this title, enacting provisions set out as notes under sec- tions 954 and 972 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Arts, Humanities, and Museums Amendments of 1985’.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–306, § 1, May 31, 1984, 98 Stat. 223, provided that: ‘‘This Act [enacting section 955b of this title and section 310 of Title 25, Indians, amending this section and sections 952 to 955, 956, 957, 958 to 960, 962, 963, 964, and 967 of this title, amending provisions set out as a note under this section and repealing provisions set out as notes under sections 960 and 967 of this title] may be cited as the ‘National Foundation on the Arts and the Humanities Act Amendments of 1983’.’’ SHORT TITLE OF 1980 AMENDMENT Pub. L. 96–496, § 1, Dec. 4, 1980, 94 Stat. 2583, provided that: ‘‘This Act [amending sections 952, 954, 955, 956, 957, 958 to 960, 962, 963, 964, 965, 967, 974, and 3473 of this title] may be cited as the ‘Arts and Humanities Act of 1980’.’’ SHORT TITLE OF 1976 AMENDMENT Pub. L. 94–462, § 1, Oct. 8, 1976, 90 Stat. 1971, provided: ‘‘That this Act [enacting sections 961 to 968 of this title, amending sections 954, 955, 956, 957, 958, 960, and 1867 of this title, and enacting provisions set out as notes under sections 956, 960, and 961 of this title] may be cited as the ‘Arts, Humanities, and Cultural Affairs Act of 1976’.’’ SHORT TITLE OF 1973 AMENDMENT Pub. L. 93–133, § 1, Oct. 19, 1973, 87 Stat. 461, provided: ‘‘That this Act [amending this section and sections 351a, 952, 954, 955, 956, 957, and 958 to 960 of this title, re- pealing sections 962 and 963 of this title, and enacting provisions set out as notes under this section and sec- tion 351a of this title] may be cited as the ‘National Foundation on the Arts and the Humanities Amend- ments of 1973’.’’ SHORT TITLE OF 1970 AMENDMENT Pub. L. 91–346, § 1, July 20, 1970, 84 Stat. 443, provided: ‘‘That this Act [amending this section and sections 952, 954, 955, 956, 957, and 958 to 960 of this title, repealing sections 781 to 788 and 790 of this title, and enacting provisions set out as notes under section 955 of this title and section 781 of this title] may be cited as ‘The National Foundation on the Arts and the Humanities Amendments of 1970’.’’ SHORT TITLE Pub. L. 89–209, § 1, Sept. 29, 1965, 79 Stat. 845, as re- numbered title I, § 1, and amended by Pub. L. 98–306, § 2, May 31, 1984, 98 Stat. 223; renumbered § 1 and amended by Pub. L. 99–194, title I, § 101, Dec. 20, 1985, 99 Stat. 1332, provided that: ‘‘This Act [enacting this sub- chapter, amending sections 784 to 786 of this title, re- pealing section 789 of this title, and enacting provisions formerly set out as a note under section 785 of this title] may be cited as the ‘National Foundation on the Arts and the Humanities Act of 1965’.’’ SENSE OF CONGRESS REGARDING PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS Pub. L. 101–512, title III, § 318 [title IV, §§ 401, 402], Nov. 5, 1990, 104 Stat. 1960, 1977, provided that: 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.