§792.222 — What is the definition of a lower income Federal employee and how is the amount of the child care subsidy determined? Each agency decides who qualifies as a lower income Federal employee within that agency. OPM has provided guidance for determining eligibility in the “Guide for Implementing Child Care Legislation — Public Law 107-67, §630.” This publication is available on OPM's Web site, http://www.opm.gov/wrkfam.