 
   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.
