20 U.S.C. § 952 : US Code - Section 952: Definitions

Search 20 U.S.C. § 952 : US Code - Section 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.
(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.