[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR792.226] [Page 72] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued) PART 792--FEDERAL EMPLOYEES' HEALTH AND COUNSELING PROGRAMS--Table of Contents Subpart B--Agency Use of Appropriated Funds for Child Care Costs for Lower income Employees--What Is the New Child Care Legislation and to Whom Does It Apply? Sec. 792.226 Who determines if a Federal employee qualifies as a lower income employee and how is the program administered? The agency or another appropriately identified organization determines eligibility using certain income and/or tuition criteria chosen by the agency. If the agency itself does not administer the program, it must select another organization to do so, using procedures that are in accordance with the Federal Acquisition Regulations. Regardless of what organization administers the program, the model for determining both the tuition assistance eligibility and the amount of the subsidy is always determined by the Federal agency.