§952 — Title 20 Education | U.S. Code

Summary

Defines the key words used in the subchapter. Humanities — the study and interpretation of language, literature, history, law, philosophy, archaeology, religion, ethics, arts theory, and related social-science subjects, and how these subjects apply to our diverse heritage and national life. The arts — major creative fields like music, dance, theater, visual arts, architecture, design, film, television, radio, recordings, creative writing, folk and traditional arts, and activities for presenting and performing them. Production — performances, exhibitions, recordings, films, broadcasts, readings, and other artistic presentations that meet standards set by the National Endowment for the Arts (see section 954). Project — organized programs to promote creativity, commission works, develop talent, and increase public understanding of the arts; may include renting or buying facilities, land, or equipment; renovation counts if federal spending on it for any project does not exceed $250,000 or if two‑thirds of the National Council on the Arts or the National Council on the Humanities members present and voting approve; and, for the limited purposes of sections 954(p), 956(c)(10), and 956(h), construction of facilities counts if it is for demonstration or unusual circumstances and two‑thirds of the relevant councils present and voting approve. Group — a State or public agency or any nonprofit U.S. society, institution, organization, association, museum, or establishment. Workshop — an activity aimed at helping nonprofessionals, students, or amateurs develop or enjoy the arts or to promote scholarship and teaching. State — the 50 States plus Puerto Rico, the District of Columbia, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands. Local arts agency — a community group or local government agency that mainly gives money, services, or programs to artists and arts organizations for the public good. Developing arts organization — a promising local arts group that is an important source of local programming and can grow to broaden access in rural, innercity, and other underserved areas. Determined to be obscene — found obscene in a final judgment by a U.S. court of record with proper authority. Final judgment — a court decision that either is not reviewed by any higher court with authority to review it or cannot be reviewed by any other court. Obscene — for a project, production, workshop, or program: (1) the average person, using current community standards, would find it appeals to prurient interest; (2) it depicts sexual conduct in a patently offensive way; and (3) it, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Title 20, §952

Education — Source: USLM XML via OLRC

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.11 So in original. The period probably should be a comma. 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 section 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.

Notes & Related Subsidiaries

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 “section 954(p), 956(c)(10),” for “section 954(1)”, was executed by making the substitution for “section 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 diverse heritage, traditions, and history and” after “particular attention”. Subsec. (d)(2). Pub. L. 99–194, § 103(2), inserted “for purposes of section 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, § 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 purchase of facilities” for “, purchase, renovation, or

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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, § 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 extended enumerated purposes to include promotion of scholarship and teaching among participants.

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment 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 AmendmentAmendment 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.

§952 Definitions

Summary

Title 20, §952

Notes & Related Subsidiaries

Editorial Notes

Amendments

Construction

Construction

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata