[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR792.223] [Page 78] 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 Child Care Subsidy Program Legislation and to Whom Does It Apply? Sec. 792.223 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 subsidy program 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 subsidy program eligibility and the amount of the subsidy is always determined by the Federal agency.