3 1 specified, the following terms shall bear the definitions 2 provided 3 4 5 6 7 8 9 10 11 122 (a) "Government agency" shall mean any Federal Government organization listed in the Government Or ganization Manual published by the General Services Administration or any unit of any State government receiving Federal funds; (b) "Government employee" shall mean any person employed by any Government agency; (c) "Government facility" shall mean any building or complex of buildings occupied in whole or in part during working hours by more than twenty-five Gov 13 ernment employees or any plant, factory, installation, 14 office, or other place of business which houses, during 15 working hours, more than twenty-five employees of a 16 Federal contractor; (d) "Federal contractor" shall mean any person, corporation, partnership, or association with more than fifty employees which is a party, the parent company of a party, a subsidiary of a party, or a subsidiary of the parent company of a party, to any contract, or which is a subcontractor under a contract with any unit of the Federal Government which exceeds $50,000 in value; (e) "immediate area" shall mean any area which 4 1 is within the corporate limits of the community in which a Government facility is located and which is within a reasonable commuting distance as defined by the Chairman; (f) "middle and lower income employee" shall mean any employee of any Government agency or Fed eral contractor whose wages and salary are such that he is unable to buy or rent decent and safe housing in a suitable living environment in the immediate area with 25 per centum or less of his monthly income; (g) "Chairman" shall mean the Chairman of the Equal Employment Opportunity Commission or his designee; (h) "community" shall mean any political subdivision of a State; (i) "locate" shall mean to establish, construct, move from another location or make any addition or additions to any existing facility such that such additions or the sum of such additions results in increasing the work forces at that facility by fifty employees within any three hundred sixty-five day period, or in any other way create or directly cause to be created any facility meeting the requirements of section 301 (c) ; (j) "child" shall mean any young person who is within the age limits for which the applicable State provides free public education; 1 2 3 5 (k) "parent" shall mean a legal guardian or other person standing in loco parentis; (1) "free public education" shall mean education 4 which is provided at public expense, under public supervision and direction, and without tuition charge, 10 5 and which is provided as elementary or secondary school education in the applicable State; (m) "current expenditures" shall mean expenditures for free public education, including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities, but not including expenditures for com munity services, capital outlay, and debt service, or any expenditures made from funds granted under title 20, United States Code, sections 241a to 241m or sections 821 to 827 or 841 to 848; (n) "local educational agency" shall mean a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, independent, or other school district located within a State. Such term includes any State agency which directly 6 operates and maintains facilities for providing free public education; (o) "State educational agency" shall mean the officer or agency primarily responsible for the State supervision of public elementary and secondary schools; (p) "State" shall mean a State, Puerto Rico, Wake Island, Guam, the District of Columbia, American Samoa, or the Virgin Islands; (q) "Commissioner of Education" and "Commissioner" shall mean the United States Commissioner of Education; (r) average daily attendance shall be determined in accordance with State law, except that the average daily attendance of children with respect to whom payment is to be made under section 601 (c) (1) shall be determined in accordance with regulations of the Commissioner; (s) "construction" shall include the preparation of drawings and specifications for school facilities; erecting, building, acquiring, altering, remodeling, improving, or extending school facilities; and the inspection and vision of the construction of school facilities; super (t) "school facilities" shall mean classrooms and related facilities (including initial equipment) for free public education and interests in land (including site, 7 grading, and improvements) on which such facilities are constructed, except that such term does not include those gymnasiums and similar facilities intended pri marily for exhibitions for which admission is to be charged to the general public; (u) "equipment" shall mean machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, and includes all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture, printed, published, and audiovisual in structional materials, and books, periodicals, documents, and other related materials; (v) the average per pupil cost of constructing minimum school facilities in the State in which the school district of a local education agency is situated shall be determined by the Commissioner of Education on the basis of the contract cost per square foot under contracts for the construction of school facilities (exclusive of costs of site improvements, equipment, and architectural, engineering, and legal fees) entered into in the State for the second fiscal year preceding the year of the application, increased by a percentage estimated by the Commissioner to represent additional costs for site |