[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Notices]
[Pages 3317-3321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01188]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. ICEB-2021-0011]
RIN 1653-ZA23
Update to the Department of Homeland Security STEM Designated
Degree Program List
AGENCY: U.S. Immigration and Customs Enforcement (ICE); Department of
Homeland Security (DHS).
SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) is amending the DHS STEM Designated Degree Program List by
adding 22 qualifying fields of study and a corresponding Department of
Education Classification of Instructional Programs (CIP) code for each.
The list is used to determine whether a degree obtained by certain F-1
nonimmigrant students following the completion of a program of study
qualifies as a science, technology, engineering, or mathematics (STEM)
degree as determined by DHS, for the F-1 student to be eligible to
apply for a 24-month extension of their post-completion optional
practical training (OPT).
DATES: DHS adopts the list announced in this notice as of January 21,
2022.
FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and
Response Center Unit, Student and Exchange Visitor Program; U.S.
Immigration and Customs Enforcement, 500 12th Street SW, Stop 5600,
Washington, DC 20536-5600; email: [email protected], telephone: (703)
603-3400. This is not a toll-free number. Program information is
available at http://www.ice.gov/sevis/.
SUPPLEMENTARY INFORMATION:
What action is DHS taking under this notice?
The Department of Homeland Security (DHS) is updating the list of
STEM fields of study that fall within the regulatory definition of
``STEM field.'' The list, known as the DHS STEM Designated Degree
Program List (``STEM list''),\1\ is used to determine whether a degree
obtained by an F-1 nonimmigrant student qualifies as a STEM degree, as
required for the F-1 nonimmigrant student to be eligible to apply for a
STEM OPT extension. Similar prior lists were updated through Student
and Exchange Visitor Program (SEVP) Broadcast Messages in 2011 \2\ and
2012.\3\ The current list was established in connection with a Final
Rule issued in 2016. In 2021, DHS updated the list to include technical
changes to CIP codes made by the Department of Education's National
Center for Education Statistics (NCES) as part of NCES's 2020 CIP
update.\4\
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\1\ ICE, DHS STEM Designated Degree Program List, https://www.ice.gov/sites/default/files/documents/stem-list.pdf (last
visited Nov. 9, 2021).
\2\ See SEVP, ``Broadcast Message 1105-02: Additions to the
STEM-Designated Degree Program List,'' May 12, 2011.
\3\ See SEVP, ``Broadcast Message 1204-07: Additions to the
STEM-Designated Degree Program List,'' May 11, 2012.
\4\ See SEVP, ``Broadcast Message 2102-01: Updated DHS STEM
Designated Degree Program List Available,'' Feb. 1, 2021, available
at https://www.ice.gov/doclib/sevis/pdf/bcm2102-01.pdf (last visited
Nov. 9, 2021).
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Why is DHS taking this action?
In 2016, DHS published a Final Rule providing a 24-month extension
of OPT for F-1 nonimmigrant students who majored in a designated STEM
field of study. See 81 FR 13039 (Mar. 11, 2016) (``Improving and
Expanding Training Opportunities for F-1 Nonimmigrant Students With
STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students'')
(``2016 STEM Rule''). The 2016 STEM Rule stated that DHS will continue
to accept for consideration suggested additions or deletions to the
STEM list and may publish updates to the STEM list in the Federal
Register. Since publication of the 2016 STEM Rule, DHS has received
from the public 97 suggested new fields of study to add to the STEM
list. DHS has not received any input from the public suggesting fields
to remove. DHS is now announcing that a number of the fields of study
submitted for consideration will be added to the STEM list.\5\
Nominators may resubmit a nomination with additional supporting views
and evidence at any time if their original submission was not addressed
in this notice.
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\5\ While the 2016 STEM Rule provided for ``additions or
deletions to the list,'' no deletions will be made at this time.
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What is OPT and STEM OPT?
OPT is one type of work permission available to certain F-1
nonimmigrant students. It allows students (except those in English
language training programs) to obtain real-world work experience
directly related to their field of study.
The STEM OPT extension is a 24-month extension of OPT available to
F-1 nonimmigrant students who have completed 12 months of OPT and
received a degree in an approved STEM field of study as designated by
the STEM list.
Who may be impacted by this notice?
This notice may impact qualifying F-1 nonimmigrant students who
seek a 24-month extension of post-completion OPT.
Where can I find the STEM list?
The STEM list can be found in the docket for this notice and on the
SEVP website.\6\
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\6\ See SEVP, Eligible CIP Codes for the STEM OPT Extension,
https://studyinthestates.dhs.gov/stem-opt-hub/additional-resources/eligible-cip-codes-for-the-stem-opt-extension (last visited Nov. 9,
2021).
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What authority does DHS have to make changes to the STEM list?
The Secretary has broad authority to administer and enforce the
nation's immigration laws. See generally 6 U.S.C. 202; Immigration and
Nationality Act of 1952, as amended (INA), Sec. 103, 8 U.S.C. 1103.
Section 101(a)(15)(F)(i) of the INA establishes the F-1 nonimmigrant
classification for individuals who wish to enter the United States
temporarily and solely for the purpose of pursuing a full course of
study at an academic institution or accredited language training school
certified by the U.S. Immigration and Customs Enforcement's (ICE) SEVP.
See INA Sec. 101(a)(15)(F)(i), 8 U.S.C. 1101(a)(15)(F)(i). The INA
provides the
[[Page 3318]]
Secretary with broad authority to determine the time and conditions
under which nonimmigrants, including F-1 students, may be admitted to
the United States. See INA Sec. 214(a)(1), 8 U.S.C. 1184(a)(1). The
Secretary also has broad authority to determine which individuals are
authorized for employment in the United States. See INA Sec.
274A(h)(3), 8 U.S.C. 1324a(h)(3). Finally, the Secretary, or his or her
designee, has authority to maintain the STEM list, which is a complete
list of qualifying degree program categories published on the SEVP
website at http://www.ice.gov/sevis. Changes that are made to the STEM
list may also be published in a notice in the Federal Register. See 8
CFR 214.2(f)(10)(ii)(C)(2)(ii).
Who may nominate a CIP code?
Interested parties, including members of the public, may nominate a
CIP code for inclusion on or removal from the STEM list.
How does DHS assess nominations?
Nominations to add or remove degrees from the STEM list are
assessed consistent with the authorizing regulation.\7\ As defined in
the governing regulations, a STEM field is a field included in the CIP
taxonomy \8\ that falls within the two-digit series containing
engineering, biological sciences, mathematics and statistics, and
physical sciences, or a related field, which generally involves
research, innovation, or development of new technologies using
engineering, mathematics, computer science, or natural sciences
(including physical, biological, and agricultural sciences). See 8 CFR
214.2(f)(10)(ii)(C)(2)(i). This definition is widely used by U.S.
institutions of higher education and provides an objective measure by
which to identify STEM fields of study.
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\7\ See 8 CFR 214.2(f)(10)(ii)(C)(2).
\8\ The CIP taxonomy is a taxonomic scheme that was developed by
the Department of Education's National Center for Education
Statistics (NCES) to support the accurate tracking and reporting of
fields of study and program completion activity. See the NCES
website (https://nces.ed.gov/ipeds/cipcode/Default.aspx?y=55) (last
visited Sept. 22, 2021).
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As noted above, by regulation,\9\ DHS has designated four areas as
core STEM fields and lists these four areas at the two-digit CIP code
level. As a result, any new additions to those areas are automatically
included on the STEM list. These four areas are: Engineering (CIP code
14), Biological and Biomedical Sciences (CIP code 26), Mathematics and
Statistics (CIP code 27), and Physical Sciences (CIP code 40). If a
degree is not within the four core fields, DHS considers whether the
degree is in a STEM-related field listed at the six-digit level. The
six-digit designation allows for individualized review of a specific
field of study to ensure it meets the ``related field'' criteria of
``involving research, innovation, or development of new technologies
using engineering, mathematics, computer science, or natural sciences
(including physical, biological, and agricultural sciences).''
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\9\ 8 CFR 214.2(f)(10)(ii)(C)(2)(i).
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SEVP evaluates submissions to assess whether the degree is
generally considered to be a STEM degree by recognized authorities,
including input from educational institutions, governmental entities,
and non-governmental entities. SEVP also reviews the NCES definition of
the CIP code and any supporting material submitted by the nominator
such as the required curriculum for the degree and the extent to which
it is comprised of core STEM disciplines as well as research,
innovation, and development of new technologies using engineering,
mathematics, computer science, or natural sciences (including physical,
biological, and agricultural sciences). The degree requirements and
curriculum may be assessed across academic institutions to ensure that
the core aspects of the degree are sufficiently consistent among
educational institutions.
A proposed addition does not have to have all supporting elements
to be added to the STEM list. DHS assesses the totality of a submission
and may approve a proposed CIP code if it presents sufficient evidence
and reasoning to establish that the regulatory definition of a STEM
field encompasses the degree under consideration.
How may a nomination be submitted?
Nominations may be submitted by email to the SEVP Response Center
at [email protected], with the subject line ``Attention: STEM CIP Code
Nomination.''
What new fields of study will be added to the STEM list?
The following fields of study are being added to the STEM list:
Bioenergy (03.0210). A program of study that focuses on the
environmental and economic impact of using plants and microbes for the
production of bio-based fuels such as ethanol and biodiesel. Includes
instruction in biochemical engineering, bioprocessing, bioseparations,
conversion, feedstock, economics, environmental sustainability,
hydrology, and natural resource management. This is a new CIP code
created by NCES and added to its decennial 2020 update to the CIP. This
field of study, as described in the NCES definition, is comprised of
STEM disciplines such as research, innovation, and development of new
technologies using biological science. Bioenergy is classified as STEM
by the Department of Veterans Affairs \10\ and the National Science
Foundation.\11\
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\10\ See Department of Veterans Affairs STEM Designated Degree
Program List at https://benefits.va.gov/gibill/docs/fgib/STEM_Program_List.pdf (last accessed Nov. 2, 2021).
\11\ See National Science Foundation STEM Classification of
Instructional Programs Crosswalk at https://www.lsamp.org/help/help_stem_cip.cfm (last accessed Nov. 2, 2021).
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Forestry, General (03.0501). A program that generally prepares
individuals to manage and develop forest areas for economic,
recreational, and ecological purposes. Includes instruction in forest-
related sciences, mapping, statistics, harvesting and production
technology, natural resources management and economics, wildlife
sciences, administration, and public relations. This field of study, as
described in the NCES definition, is comprised of STEM disciplines such
as research, innovation, or development of new technologies using
biological science. Forestry, General is classified as STEM by the
Department of Veterans Affairs and the National Science Foundation.
This CIP code nomination included the Society of American Foresters'
curricular requirements, which demonstrated instruction in STEM
disciplines.
Forest Resources Production and Management (03.0510). A program
that focuses on the application of forestry principles to the
production, harvesting, and processing of forest resources and that
prepares individuals to perform associated technical and managerial
functions. Includes instruction in forest production and utilization,
industrial forestry, agroforestry, transplantation, timber harvesting,
selection and identification of trees, processing technologies and
systems, equipment operations and maintenance, and related management
skills. This field of study, as described in the NCES definition, is
comprised of STEM disciplines such as research, innovation, or
development of new technologies using biological science. Forest
Resources Production and Management is classified as STEM by the
Department of Veterans Affairs and the National Science Foundation.
This CIP code nomination included the Society of American Foresters'
curricular requirements, which demonstrated instruction in STEM
disciplines.
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Human-Centered Technology Design (11.0105). A program that focuses
on incorporating a human perspective into designing, researching, and
creating technological interfaces. Includes instruction in design,
human-computer interaction, learning, neuroscience, perception, product
design, user-centered design, and usability. This is a new CIP code
created by NCES and added to its decennial 2020 update to the CIP. The
NCES definition of this field of study describes instruction in the
STEM disciplines such as research, innovation, or development of new
technologies using computer science and neuroscience, among other
disciplines. Human-Centered Technology Design is classified as STEM by
the Department of Veterans Affairs and the National Science Foundation.
Cloud Computing (11.0902). A program that prepares individuals to
design and implement enterprise software systems that rely on
distributed computing and service-oriented architecture, including
databases, web services, cloud computing, and mobile apps. Includes
instruction in data management, distributed and cloud computing,
enterprise software architecture, enterprise and cloud security, mobile
systems and applications, server administration, and web development.
This is a new CIP code created by NCES and added to its decennial 2020
update to the CIP. The NCES definition of this field of study describes
instruction in the STEM disciplines such as research, innovation, or
development of new technologies using computer science. Cloud Computing
is classified as STEM by the Department of Veterans Affairs.
Anthrozoology (30.3401). A program of study that combines
anthropology and zoology in order to examine the relationship between
animals and humans. Includes instruction in animal behavior and
communication, animal welfare, animal conservation, animal training,
animal-assisted therapy techniques, biology, ethics, and education.
This is a new CIP code created by NCES and added to its decennial 2020
update to the CIP. The NCES definition of this field of study describes
instruction in the STEM disciplines such as research, innovation, or
development of new technologies using biological science.
Climate Science (30.3501). A program that focuses on the scientific
study of the climate system of the earth with emphasis on the physical,
dynamical, and chemical interactions of the atmosphere, ocean, land,
ice, and the terrestrial and marine biospheres. Includes instruction in
biology, chemistry, climate analysis, climate change adaptation/
mitigation, climate policy, ecology, energy development, environmental
impacts, marine chemistry, meteorology, and oceanography. This is a new
CIP code created by NCES and added to its decennial 2020 update to the
CIP. The NCES definition of this field of study describes instruction
in the STEM disciplines such as research, innovation, or development of
new technologies using physical and biological sciences.
Earth Systems Science (30.3801). A program that focuses on the
interaction of the Earth's oceanographic, atmospheric, and terrestrial
systems. Includes instruction in biogeochemistry, climate dynamics,
geographical information science (GIS), geophysics, hydrology,
landscape ecology, meteorology, and satellite remote sensing analysis.
This is a new CIP code created by NCES and added to its decennial 2020
update to the CIP. The NCES definition of this field of study describes
instruction in the STEM disciplines such as research, innovation, or
development of new technologies using physical and biological sciences.
Economics and Computer Science (30.3901). A program of study that
focuses on the theoretical and practical connections between computer
science and economics. Includes instruction in data analysis, database
design, data mining, computer algorithms, economics, econometrics,
computer programing, mathematics, and statistics. This is a new CIP
code created by NCES and added to its decennial 2020 update to the CIP.
The NCES definition of this field of study describes instruction in the
STEM disciplines such as research, innovation, or development of new
technologies using mathematics and computer science.
Environmental Geosciences (30.4101). A program that focuses on the
scientific study of the environmental implications of geological
processes and human activities on Earth. Includes instruction in
environmental/natural resource management, geographic information
systems (GIS), geology, hydrology, regulatory agency compliance, hazard
identification and mitigation, environmental law, environmental policy,
and sustainability studies. This is a new CIP code created by NCES and
added to its decennial 2020 update to the CIP. The NCES definition of
this field of study describes instruction in the STEM disciplines such
as research, innovation, or development of new technologies using
biological science and computer science.
Geobiology (30.4301). A program that focuses on the scientific
study of how living things interact with geological systems. Includes
instruction in evolution of Earth systems, geochemistry, geology,
geomicrobiology, marine chemistry, paleobiology, paleoecology,
paleontology, and petrology. This is a new CIP code created by NCES and
added to its decennial 2020 update to the CIP. The NCES definition of
this field of study describes instruction in the STEM disciplines such
as research, innovation, or development of new technologies using
biological science.
Geography and Environmental Studies (30.4401). A program that
focuses on interactions between people and the natural and built
environments. Includes instruction in climate science, sustainability,
environmental science and policy, research methods, geographic
information systems (GIS), human geography, physical geography, remote
sensing, and public policy. This is a new CIP code created by NCES and
added to its decennial 2020 update to the CIP. The NCES definition of
this field of study describes instruction in the STEM disciplines such
as research, innovation, or development of new technologies using
biological science and computer science.
Mathematical Economics (30.4901). A program that focuses on the
application of mathematical methods to the development of economic
theory, models, and quantitative analysis. Includes instruction in data
analysis, applied business economics, calculus, econometrics, linear
algebra, microeconomic theory, probability, and statistical methods.
This is a new CIP code created by NCES and added to its decennial 2020
update to the CIP. The NCES definition of this field of study describes
instruction in the STEM disciplines such as research, innovation, or
development of new technologies using mathematics.
Mathematics and Atmospheric/Oceanic Science (30.5001). A program
that focuses on the application of mathematics to atmospheric and
oceanic problems. Includes instruction in chemistry, physics,
atmospheric/ocean dynamics, climatology, weather simulation, climate
modeling, mathematics, oceanography, and atmospheric science. This is a
new CIP code created by NCES and added to its decennial 2020 update to
the CIP. The NCES definition of this field of study describes
instruction in the STEM disciplines such as research, innovation, or
development of new technologies using mathematics and physical
sciences.
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Data Science, General (30.7001). A program that focuses on the
analysis of large-scale data sources from the interdisciplinary
perspectives of applied statistics, computer science, data storage,
data representation, data modeling, mathematics, and statistics.
Includes instruction in computer algorithms, computer programming, data
management, data mining, information policy, information retrieval,
mathematical modeling, quantitative analysis, statistics, trend
spotting, and visual analytics. This is a new CIP code created by NCES
and added to its decennial 2020 update to the CIP. The NCES definition
of this field of study describes instruction in the STEM disciplines
such as research, innovation, or development of new technologies using
mathematics and computer science. This CIP code nomination included a
letter of support from the Academic Data Science Alliance, which was
signed by dozens of representatives of institutions of higher education
and corporate and academic entities.
Data Analytics, General (30.7101). A program that prepares
individuals to apply data science to generate insights from data and
identify and predict trends. Includes instruction in computer
databases, computer programming, inference, machine learning,
optimization, probability and stochastic models, statistics, strategy,
uncertainty quantification, and visual analytics. This is a new CIP
code created by NCES and added to its decennial 2020 update to the CIP.
The NCES definition of this field of study describes instruction in the
STEM disciplines such as research, innovation, or development of new
technologies using mathematics and computer science.
Business Analytics (30.7102). A program that prepares individuals
to apply data science to solve business challenges. Includes
instruction in machine learning, optimization methods, computer
algorithms, probability and stochastic models, information economics,
logistics, strategy, consumer behavior, marketing, and visual
analytics. This is a new CIP code created by NCES and added to its
decennial 2020 update to the CIP. The NCES definition of this field of
study describes instruction in the STEM disciplines such as research,
innovation, or development of new technologies using mathematics and
computer science. This CIP code nomination included supporting
information on the curricula required for the degree, which
demonstrated instruction in STEM disciplines.
Data Visualization (30.7103). A program that prepares individuals
to organize and derive meaning from data by using visual presentation
tools and techniques. Includes instruction in cognitive science,
computer programming, data management, data visualization theory,
graphic design, infographics, perceptual psychology, statistics, and
visual design. This is a new CIP code created by NCES and added to its
decennial 2020 update to the CIP. The NCES definition of this field of
study describes instruction in the STEM disciplines such as research,
innovation, or development of new technologies using mathematics and
computer science.
Financial Analytics (30.7104). A program that focuses on financial
big data modeling from algorithms to cloud-based data-driven financial
technologies. Includes instruction in financial analytics, financial
data processing, knowledge management, data visualization, effective
decision communication, machine learning for finance, statistical
inference and dynamic modeling on financial data, and project
management. This is a new CIP code created by NCES and added to its
decennial 2020 update to the CIP. The NCES definition of this field of
study describes instruction in the STEM disciplines such as research,
innovation, or development of new technologies using mathematics and
computer science.
Data Analytics, Other (30.7199). Any instructional program in data
analytics not listed above. The NCES definition of this field of study
encompasses any related programs not covered by Data Analytics,
General; Business Analytics; Data Visualization; and Financial
Analytics, which all describe instruction in the STEM disciplines such
as research, innovation, or development of new technologies using
mathematics and computer science. This is a new CIP code created by
NCES and added to its decennial 2020 update to the CIP.
Industrial and Organizational Psychology (42.2804). A program that
focuses on the scientific study of individual and group behavior in
institutional settings, applications to related problems of
organization and industry, and that may prepare individuals to apply
such principles in industrial and organizational settings. Includes
instruction in group behavior theory, organizational theory, reward/
punishment structures, human-machine and human-computer interactions,
motivation dynamics, human stress studies, environmental and
organizational influences on behavior, alienation and satisfaction, and
job testing and assessment. The NCES definition of this field of study
describes instruction in the STEM disciplines such as research,
innovation, or development of new technologies using mathematics. This
CIP code nomination included supporting evidence from the Society for
Industrial and Organizational Psychology (SIOP) on data-driven research
and analysis to address human-centered issues in institutional and
organizational settings such as workplace dysfunction and employee
engagement. The nomination also included specific examples
demonstrating the application of statistical analysis to large data
sets as part of an overall curriculum approach and its use in
identifying potential solutions to human interface problems that are
increasingly predominant in post-industrialized workplaces. These
examples include case studies of industrial and organizational
psychology methodology specifically applied in the government sphere,
including a National Aeronautics and Space Administration grant awarded
to a SIOP member to study astronaut health and performance on long-
duration missions and the use of industrial and organizational
psychology research and data to improve airline safety and assist
members of the military in transitioning to civilian life. The examples
are indicative of the research inquiry and mathematical applications
inherent to this program of study and how they have provided real-world
solutions to complex problems.
Social Sciences, Research Methodology and Quantitative Methods
(45.0102). A program that focuses on the design of research studies,
measurement of variables, data analysis, and formulation of models.
Includes instruction in experimental, quasi-experimental, and case
study methods; historical research; participant observation;
questionnaire design; sampling theory; and statistical methods. The
NCES definition of this field of study describes instruction in the
STEM disciplines such as research, innovation, or development of new
technologies using mathematics. This CIP code nomination included a
letter of support from the National Academies of Sciences, Medicine,
and Engineering and supporting materials from the American Sociological
Association.
Paperwork Reduction Act (PRA)
Eligible students are required to submit a Form I-765,
``Application for Employment Authorization,'' to request employment
authorization and an
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Employment Authorization Document, and a Form I-983, ``Training Plan
for STEM OPT Students,'' to ensure that they are receiving the academic
and training benefits of the STEM OPT extension. Consistent with the
PRA, the Office of Management and Budget (OMB) has previously approved
the collection of information contained on the current Form I-765 (OMB
Control No. 1615-0040) and Form I-983 (OMB Control No. 1653-0054).
Although there could be a slight increase in the number of filings for
both the Form I-765 and Form I-983 because of this notice, the number
of filings currently contained in the OMB annual inventory is
sufficient to cover any additional filings. Accordingly, there is no
further action required under the PRA.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2022-01188 Filed 1-20-22; 8:45 am]
BILLING CODE 9111-28-P