Page:United States Statutes at Large Volume 104 Part 3.djvu/611

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PUBLIC LAW 101-512—NOV. 5, 1990 104 STAT. 1963 "(1) 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.". SEC. 103. NATIONAL ENDOWMENT FOR THE ARTS. (a) AUTHORITY TO PROVIDE ASSISTANCE.—Section 5(c) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(c)) is amended— (1) by amending paragraph (1) to read as follows: "(1) projects and productions which have substantial national or international artistic and cultural significance, giving emphasis to American creativity and cultural diversity and to the maintenance and encouragement of professional excellence;", (2) in paragraph (2) by inserting "or tradition" after "authenticity", (3) in paragraph (5) by inserting "education," after "knowledge,", (4) in paragraph (7) by striking "and", (5) by redesignating paragraph (8) as paragraph (10), (6) by inserting after paragraph (7) the following: "(8) projects that enhance managerial and organizational skills and capabilities; "(9) projects, productions, and workshops of the kinds described in pargigraphs (1) through (8) through film, radio, video, and similar media, for the purpose of broadening public access to the arts; and", and (7) in the matter following paragraph (10), as so redesignated, by striking "clause (8)" and inserting "paragraph (10)". (b) ARTISTIC EXCELLENCE AND OBSCENE MATTER.—Section 5(d) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(d)) is amended to read as follows: "(d) No payment shall be made under this section except upon Regulations, application therefor which is submitted to the National Endowment for the Arts in accordance with regulations issued and procedures established by the Chairperson. In establishing such regulations and procedures, the Chairperson shall ensure that— "(1) artistic excellence and artistic merit are the criteria by which applications are judged, taking into consideration general standards of decency and respect for the diverse beliefs and values of the American public; and "(2) applications are consistent with the purposes of this section. Such regulations and procedures shall clearly indicate that obscenity is without artistic merit, is not protected speech, and shall not be funded. Projects, productions, workshops, and programs that are determined to be obscene are prohibited from receiving financial assistance under this Act from the National Endowment for the Arts.