Pub. L. 101-512, tit. I, sec. 102
DEFINITIONS.
SEC. 102. DEFINITIONS. (a) Local Arts Agency.—Section 3 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 952) is amended— (1) in subsection (b) by inserting “all those traditional arts practiced by the diverse peoples of this country.” after “forms,”, and (2) by adding at the end the following: “(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 inner-city areas and other areas that are underserved artistically.”. (b) Technical Amendments.— Section 3 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 952) is amended— (1) in subsection (b) by inserting “film, video,” after “radio,”, (2) in subsection (c) by inserting “film, video,” after “radio,”, and (3) in subsection (d)— (A) in the first sentence by inserting “the widest” after “enhance”, and (B) in paragraph (2) by striking “sections 5(1)” and inserting “sections 5(p), 7(c)(10),”. (c) Determined To Be Obscene; Final Judgment.— Section 3 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 952), as amended by subsection (a), is amended by adding at the end the following: “(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. 104 STAT. 1963 “(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.”.