United States Code

any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract."

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-49, §1, Aug. 17, 1999, 113 Stat. 231, provided that: "This Act [amending this section and section 270b of this title and enacting provisions set out as a note under this section] may be cited as the 'Construction Industry Payment Protection Act of 1999'."

IMPLEMENTATION THROUGH GOVERNMENT-WIDE

PROCUREMENT REGULATIONS

Pub. L. 106-49, §3, Aug. 17, 1999, 113 Stat. 231, provided that:

"(a) PROPOSED REGULATIONS.-Proposed revisions to the Government-wide Federal Acquisition Regulation to implement the amendments made by this Act [amending this section and section 270b of this title] shall be published not later than 120 days after the date of the enactment of this Act [Aug. 17, 1999] and provide not less than 60 days for public comment.

"(b) FINAL REGULATIONS.-Final regulations shall be published not less than 180 days after the date of the enactment of this Act and shall be effective on the date that is 30 days after the date of publication."

§ 270b. Rights of persons furnishing labor or material

(a) Right to sue on payment bond

Every person who has furnished labor or material in the prosecution of the work provided for in such contract, in respect of which a payment bond is furnished under sections 270a to 270d-1 of this title and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or material was furnished or supplied by him for which such claim is made, shall have the right to sue on such payment bond for the amount, or the balance thereof, unpaid at the time of institution of such suit and to prosecute said action to final execution and judgment for the sum or sums justly due him: Provided, however, That any person having direct contractual relationship with a subcontractor but no contractual relationship express or implied with the contractor furnishing said payment bond shall have a right of action upon the said payment bond upon giving written notice to said contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. Such notice shall be served by any means which provides written, third-party verification of delivery.1 to the contractor at any place he maintains an office or conducts his business, or his residence, or in any manner in which the United States marshal of the district in which the public improvement is situated is authorized by law to serve summons.

[See main edition for text of (b)]

Any waiver of the right to sue on the payment bond required by sections 270a to 270d-1 of this

1 So in original. The period probably should not appear.

title shall be void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(As amended Pub. L. 106-49, §2(b), (c), Aug. 17, 1999, 113 Stat. 231.)

AMENDMENTS

1999 Subsec. (a). Pub. L. 106-49, §2(b), which directed the substitution of "any means which provides written, third-party verification of delivery." for "mailing the same by registered mail, postage prepaid, in an envelop addressed", was executed by making the substitution for "mailing the same by registered mail, postage prepaid, in an envelop addressed", to reflect the probable intent of Congress.

Subsec. (c). Pub. L. 106-49, §2(c), added subsec. (c).

EFFECTIVE DATE

Section effective upon expiration of sixty days after Aug. 24, 1935, but not applicable to any contract awarded pursuant to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract, see section 7 of act Aug. 24, 1935, set out as a note under section 270a of this title.

§ 270c. Right of person furnishing labor or material to copy of bond

EFFECTIVE DATE

$270d. "Person" defined

EFFECTIVE DATE

§ 270d-1. Waiver of sections 270a to 270d with respect to small contracts

PRIOR PROVISIONS

A prior section 5 of act Aug. 24, 1935, was renumbered section 7 and is set out as an Effective Date note under section 270a of this title.

§ 276a. Rate of wages for laborers and mechanics

ACT REFERRED TO IN OTHER SECTIONS

The Davis-Bacon Act [40 U.S.C. 276a to 276a-5] is referred to in sections 276a-7, 276d-1, 276d-2, 808 of this title; title 10 section 2304; title 12 sections 1701q, 1715c: title 15 section 3152; title 16 section 284c; title 20 sections 954, 956, 1232b, 4305, 4332, 8509; title 23 section 113; title 25 sections 450e, 458, 1633, 4114; title 29 sections 251 to 256, 258, 259, 262, 1553; title 31 section 6703; title 33 section 1372; title 38 sections 8135, 8162; title 39 section 410; title 40 App. section 402; title 41 section 42; title 42 sections 291e, 300j-9, 300s-1, 300t-12, 1437j, 1440, 1486, 15921, 2297g-3, 2992a, 3027, 3107, 3212, 3936, 4728, 5046, 5196, 5310, 5919, 6042, 6063, 6371j, 6708, 6728, 6881, 6979, 7614, 8013, 9604, 9839, 12836; title 49 sections 5333, 24312, 47112; title 50 App. sections 2095, 2096.

§ 276a–7. Application of sections 276a to 276a-5 to contracts entered into without regard to section 5 of title 41

The fact that any contract authorized by any Act is entered into without regard to section 5 of title 41, or upon a cost-plus-a-fixed-fee basis or otherwise without advertising for proposals, shall not be construed to render inapplicable the provisions of sections 276a to 276a-5 of this title, if such sections would otherwise be applicable to such contract.

(Mar. 23, 1941, ch. 26, 55 Stat. 53; Aug. 21, 1941, ch. 395, 55 Stat. 664.)

CODIFICATION

Section is set out in this supplement to correct translation appearing in main edition.

§ 276c. Regulations governing contractors and subcontractors

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 330, 808 of this title; title 20 sections 954, 956, 1232b, 4305, 4332, 8509; title 25 sections 450e, 450j; title 29 section 1553; title 31 section 6703; title 33 section 1372; title 39 section 410; title 40 App. section 402; title 42 sections 291e, 300j-9, 300s-1, 300t-12, 1440, 1486, 1592i, 2297g-3, 2992a, 3027, 3107, 3212, 5046, 5196, 5310, 5919, 6042, 6063, 6371j, 6708, 6728, 6881, 6979, 7614, 9604; title 49 section 5333; title 50 App. sections 2095, 2096.

§276d-3. Contracts affected

For purposes of sections 276d-1 and 276d-2 of this title, the Acts or provisions described in this section are

(1) the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); (2) section 254b1 of title 42;

(3) section 254c1 of title 42;

(4) the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.); and

(5) the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).

(As amended Pub. L. 104-208, div. A, title I, § 101(e) [title VII, §709(a)(4)], Sept. 30, 1996, 110 Stat. 3009-233, 3009-312.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, referred to in par. (1), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§450 et seq.) of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables.

Sections 254b and 254c of title 42, referred to in pars. (2) and (3), were in the original references to sections 329 and 330 of the Public Health Service Act, act July 1, 1944, which were omitted in the general amendment of subpart I (§ 254b et seq.) of part D of subchapter II of chapter 6A of Title 42, The Public Health and Welfare, by Pub. L. 104-299, §2, Oct. 11, 1996, 110 Stat. 3626. Sections 2 and 3(a) of Pub. L. 104-299 enacted new sections 330 and 330A of act July 1, 1944, which are classified, respectively, to sections 254b and 254c of Title 42.

The Indian Health Care Improvement Act, referred to in par. (4), is Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, as amended, which is classified principally to chapter 18 (§ 1601 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 25 and Tables.

1 See References in Text note below.

The Housing and Community Development Act of 1974, referred to in par. (5), is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 42, The Public Health and Welfare, and Tables.

AMENDMENTS

1996-Pub. L. 104-208 redesignated pars. (2) to (6) as (1) to (5), respectively, and struck out former par. (1) which read as follows: "the Library Services and Construction Act (20 U.S.C. 351 et seq.);".

CHAPTER 4-THE PUBLIC PROPERTY §303b. Lease of buildings by Government; money consideration

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 303c of this title; title 10 sections 2667, 2878; title 14 section 685; title 16 sections 1a-2, 170, 450ss-4, 5962; title 20 section 196; title 38 sections 8122, 8162, 8201; title 42 sections 1502, 1544, 2473.

§318c. Penalties

(a) Except as provided in subsection (b) of this section, whoever violates any rule or regulation promulgated pursuant to section 318a of this title shall be fined not more than $50 or imprisoned not more than thirty days, or both.

(b)(1) Whoever violates any military traffic regulation shall be fined an amount not to exceed the amount of the maximum fine for a like or similar offense under the criminal or civil law of the State, territory, possession, or district where the military installation in which the violation occurred is located, or imprisoned for not more than 30 days, or both.

(2) For purposes of this subsection, the term "military traffic regulation" means a rule or regulation for the control of vehicular or pedestrian traffic on military installations that is promulgated by the Secretary of Defense, or the designee of the Secretary, under the authority delegated pursuant to section 318a of this title. (As amended Pub. L. 104-201, div. A, title X, § 1067, Sept. 23, 1996, 110 Stat. 2654.)

482, 483b to 484-1. 484d, 485, 485a, 486, 488, 489, 492, 605, 751, 752, 754 to 756, 758 of this title; title 5 section 7342; title 7 sections 15b, 55, 79, 473a, 1736a, 1985, 2279b, 5922; title 10 sections 2552, 2576, 2667, 2676, 2691, 2696, 2854a, 2878, 7305, 9441, 9781; title 12 sections 90, 1701z, 17012-2, 1788; title 14 sections 92, 93, 641, 685; title 15 sections 205f, 714b; title 16 sections la-2, 79c, 160b, 396f, 410r-6, 430a-2, 430h-7, 4411-5, 450ss-6, 460m-9, 460x-7, 460bb-2, 460ee, 460ff-1, 460hh-1, 460771-45, 505a, 590q-1, 793, 2106; title 20 sections 196, 3475; title 22 sections 277d-36, 277e, 2358, 2581, 2713, 5422; title 25 sections 190, 293, 450j; title 30 section 4; title 33 section 578; title 35 section 2; title 41 sections 254, 405; title 42 sections 1592a, 1592d, 2201, 2473, 4638, 5196, 5919, 12651g; title 43 sections 1702, 1736; title 44 section 311; title 45 section 1212; title 48 section 1685; title 49 section 103; title 50 sections 167b, 415, 1651; title 50 App. section 2393.

§ 472. Definitions

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 762 of this title; title 10 sections 2667, 2667a; title 15 section 278g-3; title 20 section 3479; title 31 section 3551; title 41 section 423; title 42 sections 7259, 11411; title 43 section 1702; title 44 section 2901.

§ 474. Congress, departments, agencies, corporations, and persons exempted from provisions

[See main edition for text of (a) to (c)]

(d) Nothing in this Act shall impair or affect any authority of—

[See main edition for text of (1) to (8)]

(9) the Secretary of Agriculture or the Department of Agriculture under (A) the Richard B. Russell National School Lunch Act (60 Stat. 230) [42 U.S.C. 1751 et seq.]; (B) the Farmers Home Administration Act of 1946 (60 Stat. 1062); (C) the Act of August1 31, 1947, Public Law 298, Eightieth Congress, with respect to the disposal of labor supply centers, and labor homes, labor camps, or facilities; (D) section 612c of title 7, with respect to the exportation and domestic consumption of agricultural products; or (E) section 1291 or section 1622(j) of title 7;

[See main edition for text of (10) to (21); (e)] (As amended Pub. L. 106-78, title VII, § 752(b)(14), Oct. 22, 1999, 113 Stat. 1170.)

REFERENCES IN TEXT

The Richard B. Russell National School Lunch Act, referred to in subsec. (d)(9)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, as amended, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.

AMENDMENTS

1999 Subsec. (d)(9)(A). Pub. L. 106-78 substituted "Richard B. Russell National School Lunch Act" for "National School Lunch Act".

TRANSFER OF FUNCTIONS

"Director of the United States Information Agency" substituted for "Director of the International Communication Agency" in subsec. (d)(21) pursuant to section 303(b) of Pub. L. 97-241, title III, Aug. 24, 1982, 96 Stat.

1 So in original. Should be "July".

291, set out as a note under section 1461 of Title 22, Foreign Relations and Intercourse. United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of Title 22.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 752 of this title: title 10 section 7306; title 41 section 252. SUBCHAPTER II-PROPERTY MANAGEMENT

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 513, 752, 758. 1502 of this title; title 10 sections 2535, 2696, 9781; title 29 sections 1511, 1551, 2898; title 42 section 12651g; title 49 section 40110.

§ 481. Procurement, warehousing, and related activities

[See main edition for text of (a)]

(b) Extension of services

(1) The Administrator shall as far as practicable provide any of the services specified in subsection (a) of this section to any other Federal agency, mixed ownership corporation (as defined in section 9101 of title 31), or the District of Columbia, upon its request.

(2)(A) Upon the request of a qualified nonprofit agency for the blind or other severely handicapped that is to provide a commodity or service to the Federal Government under the JavitsWagner-O'Day Act (41 U.S.C. 46 et seq.), the Administrator may provide any of the services specified in subsection (a) of this section to such agency to the extent practicable.

(B) A nonprofit agency receiving services under the authority of subparagraph (A) shall use the services directly in making or providing an approved commodity or approved service to the Federal Government.

(i) The term “qualified nonprofit agency for the blind or other severely handicapped"

means

(I) a qualified nonprofit agency for the blind, as defined in section 5(3) of the JavitsWagner-O'Day Act (41 U.S.C. 48b(3)); and

(II) a qualified nonprofit agency for other severely handicapped, as defined in section 5(4) of such Act (41 U.S.C. 48b(4)).

(ii) The term "approved commodity" and "approved service" means a commodity and a service, respectively, that has been determined by the Committee for Purchase from the Blind and Other Severely Handicapped 2 under section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47) to be suitable for procurement by the Federal Government.

[See main edition for text of (c) to (e)] (As amended Pub. L. 105–61, title IV, §413, Oct. 10, 1997, 111 Stat. 1300.)

REFERENCES IN TEXT

The Javits-Wagner-O'Day Act, referred to in subsec. (b)(2)(A), is act June 25, 1938, ch. 697, 52 Stat. 1196, as

2 See References in Text note below.

amended, which is classified to sections 46 to 48c of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables.

Committee for Purchase from the Blind and Other Severely Handicapped, referred to in subsec. (b)(2)(C)(ii), probably means Committee for Purchase From People Who Are Blind or Severely Disabled established by section 46 of Title 41, Public Contracts.

AMENDMENTS

1997-Subsec. (b). Pub. L. 105-61 amended subsec. (b) generally, substituting present provisions for provisions which related to extension of services to Federal agencies, mixed ownership corporations, and District of Columbia, and cooperative purchasing.

COOPERATIVE PURCHASING

Pub. L. 104-106, div. D, title XLIII, § 4309, Feb. 10, 1996, 110 Stat. 670, provided that:

"(a) DELAY IN OPENING CERTAIN FEDERAL SUPPLY SCHEDULES TO USE BY STATE, LOCAL, AND INDIAN TRIBAL GOVERNMENTS.-The Administrator of General Services may not use the authority of section 201(b)(2) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481(b)(2)) to provide for the use of Federal supply schedules of the General Services Administration until after the later of

"(1) the date on which the 18-month period beginning on the date of the enactment of this Act [Feb. 10, 1996] expires; or

"(2) the date on which all of the following conditions are met:

"(A) The Administrator has considered the report of the Comptroller General required by subsection (b).

"(B) The Administrator has submitted comments on such report to Congress as required by subsection (c).

"(C) A period of 30 days after the date of submission of such comments to Congress has expired. "(b) REPORT.-Not later than one year after the date of the enactment of this Act [Feb. 10, 1996], the Comptroller General shall submit to the Administrator of General Services and to Congress a report on the implementation of section 201(b) of the Federal Property and Administrative Services Act of 1949 [40 U.S.C. 481(b)]. The report shall include the following:

“(1) An assessment of the effect on industry, including small businesses and local dealers, of providing for the use of Federal supply schedules by the entities described in section 201(b)(2)(A) of the Federal Property and Administrative Services Act of 1949.

"(2) An assessment of the effect on such entities of providing for the use of Federal supply schedules by them.

"(c) COMMENTS ON REPORT BY ADMINISTRATOR.-Not later than 30 days after receiving the report of the Comptroller General required by subsection (b), the Administrator of General Services shall submit to Congress comments on the report, including the Administrator's comments on whether the Administrator plans to provide any Federal supply schedule for the use of any entity described in section 201(b)(2)(A) of the Federal Property and Administrative Services Act of 1949. “(d) CALCULATION OF 30-DAY PERIOD.-For purposes of subsection (a)(2)(C), the calculation of the 30-day period shall exclude Saturdays, Sundays, and holidays, and any day on which neither House of Congress is in session because of an adjournment sine die, a recess of more than 3 days, or an adjournment of more than 3 days."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 474, 475, 755, 756, 757 of this title; title 10 sections 2381, 12603; title 22 section 2674; title 25 section 450j; title 28 section 612; title 50 section 491.

§ 483. Property utilization

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 475, 481, 483c, 483d, 512 of this title; title 10 section 2814; title 25 section 1812; title 38 section 8162; title 42 section 11411. § 484. Disposal of surplus property

[See main edition for text of (a) to (i)]

(j) Transfers for donation of property to State agencies; State plan of operation; "public agency" and "State" defined

[See main edition for text of (1) and (2)]

(3) Except for surplus personal property transferred pursuant to paragraph (2) of this subsection, the Administrator shall, pursuant to criteria which are based on need and utilization and established after such consultation with State agencies as is feasible, allocate such property among the States in1 a fair and equitable basis (taking into account the condition of the property as well as the original acquisition cost thereof), and transfer to the State agency property selected by it for distribution through donation within the State

[See main edition for text of (A)]

(B) to nonprofit educational or public health institutions or organizations, such as medical institutions, hospitals, clinics, health centers, drug abuse treatment centers, providers of assistance to homeless individuals, providers of assistance to families or individuals whose annual incomes are below the poverty line (as that term is defined in section 9902 of title 42), schools, colleges, universities, schools for the mentally retarded, schools for the physically handicapped, child care centers, radio and television stations licensed by the Federal Communications Commission as educational radio or educational television stations, museums attended by the public, and libraries serving free all residents of a community, district, State, or region, which are exempt from taxation under section 501 of title 26, for purposes of education or public health (including research for any such purpose).

The Administrator, in allocating and transferring property under this paragraph, shall give fair consideration, consistently with the established criteria, to expressions of need and interest on the part of public agencies and other eligible institutions within that State, and shall give special consideration to requests by eligible recipients, transmitted through the State agency, for specific items of property.

[See main edition for text of (4) and (5)]

(k) Disposals by Secretary of Education, Secretary of Health and Human Services, Secretary of the Interior, and Secretary of Defense

[See main edition for text of (1) to (3)] (4) Subject to the disapproval of the Administrator within thirty days after notice to him of

1 So in original. Probably should be "on".

any action to be taken under this subsection, except with respect to personal property transferred pursuant to subsection (j) of this section

[See main edition for text of (A) and (B)]

(C) the Secretary of the Interior, in the case of property transferred pursuant to the Surplus Property Act of 1944, as amended, and pursuant to this Act, to States, political subdivisions, and instrumentalities thereof, and municipalities for use as a public park, public recreational area, or historic monument for the benefit of the public;

(D) the Secretary of Defense, in the case of property transferred pursuant to the Surplus Property Act of 1944, as amended, to States, political subdivisions, and tax-supported instrumentalities thereof for use in the training and maintenance of civilian components of the armed forces; or

(E) the Secretary of Housing and Urban Development, through such officers or employees of the Department of Housing and Urban Development as the Secretary may designate, in the case of property transferred under paragraph (6).3

is authorized and directed

[See main edition for text of (i) to (iii), (5)] (6)(A) Under such regulations as the Administrator may prescribe, the Administrator may, in the discretion of the Administrator, assign to the Secretary of Housing and Urban Development for disposal such surplus real property, including buildings, fixtures, and equipment situated thereon, as is recommended by the Secretary as being needed for providing housing or housing assistance for low-income individuals or families.

(B) Subject to the disapproval of the Administrator within 30 days after notice to the Administrator by the Secretary of Housing and Urban Development of a proposed transfer of property for the purpose of providing such housing or housing assistance, the Secretary, through such officers or employees of the Department of Housing and Urban Development as the Secretary may designate, may sell or lease such property for that purpose to any State, any political subdivision or instrumentality of a State, or any nonprofit organization that exists for the primary purpose of providing housing or housing assistance for low-income individuals or families.

(C) The Administrator shall disapprove a proposed transfer of property under this paragraph unless the Administrator determines that the property will be used for low-income housing opportunities through the construction, rehabilitation, or refurbishment of self-help housing, under terms that require that

(i) any individual or family receiving housing or housing assistance constructed, rehabilitated, or refurbished through use of the property shall contribute a significant amount of labor toward the construction, rehabilitation, or refurbishment; and

3 So in original. The period probably should be a comma.

(ii) dwellings constructed, rehabilitated, or refurbished through use of the property shall be quality dwellings that comply with local building and safety codes and standards and shall be available at prices below prevailing market prices.

(D)(i) The Administrator shall ensure that nonprofit organizations that are sold or leased property under subparagraph (B) shall develop and use guidelines to take into consideration any disability of an individual for the purposes of fulfilling any self-help requirement under subparagraph (C)(i).

(ii) For purposes of this subparagraph, the term "disability" has the meaning given such term under section 12102(2) of title 42.

(E)(i) In fixing the sale or lease value of property to be disposed of under this paragraph, the Secretary of Housing and Urban Development shall take into consideration and discount the value with respect to any benefit which has accrued or may accrue to the United States from the use of such property by any such State, political subdivision, instrumentality, or nonprofit organization.

(ii) The amount of the discount under clause (i) shall be 75 percent of the market value of the property, except that the Secretary may discount by a greater percentage if the Secretary, in consultation with the Administrator, determines that a higher percentage is justified.

[See main edition for text of (l) to (n)]

(0) Biennial reports to Congress by Administrator; copies to Comptroller General

(1) Six months after the end of the first full fiscal year after November 5, 1988, and biennially thereafter, the Administrator shall transmit a report to the Congress that covers the initial period from November 5, 1988, and each succeeding biennial period and contains

(A) a full and independent evaluation of the operation of programs for the donation of Federal surplus personal property,

(B) statistical information on the amount of excess personal property transferred to Federal agencies and provided to grantees and non-Federal organizations and surplus personal property approved for donation to the State Agencies for Surplus Property and donated to eligible non-Federal organizations during each succeeding biennial period, and

(C) such recommendations as the Administrator determines to be necessary or desirable. (2) A copy of each report made under paragraph (3) shall also be simultaneously furnished to the Comptroller General of the United States. The Comptroller General shall review and evaluate the report and make any comments and recommendations to the Congress thereon, as he deems necessary or desirable.

4 So in original. Probably should be paragraph "(1)".

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