104 STAT. 1962 PUBLIC LAW 101-512—NOV. 5, 1990 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. "(11) To fulfill its educational mission, achieve an orderly continuation of free society, 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 National Foundation on the Arts and the Humanities.". 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 innercity 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: "0") 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.
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