Page:United States Statutes at Large Volume 102 Part 5.djvu/321

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4327

EXPEDITED PROCEDURES FOR SEIZED CONVEYANCES

"SEC. 511A. (a)(1) The owner of a conveyance may petition the Attorney General for an expedited decision with respect to the conveyance, if the conveyance is seized for a drug-related offense and the owner has filed the requisite claim and cost bond in the manner provided in section 608 of the Tariff Act of 1930. The Attorney General shall make a determination on a petition under this section expeditiously, including a determination of any rights or defenses available to the petitioner. If the Attorney General does not grant or deny a petition under this section within 20 days after the date on which the petition is filed, the conveyance shall be returned to the owner pending further forfeiture proceedings. "(2) With respect to a petition under this section, the Attorney General may— "(A) deny the petition and retain possession of the conveyance; "(B) grant the petition, move to dismiss the forfeiture action, if filed, and promptly release the conveyance to the owner; or "(C) advise the petitioner that there is not adequate information available to determine the petition and promptly release the conveyance to the owner. "(3) Release of a conveyance under subsection (a)(1) or (a)(2)(C) does not affect any forfeiture action with respect to the conveyance. "(4) The Attorney General shall prescribe regulations to carry out this section. "(b) At the time of seizure, the officer making the seizure shall furnish to any person in possession of the conveyance a written notice specifying the procedures under this section. At the earliest practicable opportunity after determining ownership of the seized conveyance, the head of the department or agency that seizes the conveyance shall furnish a written notice to the owner and other interested parties (including lienholders) of the legal and factual basis of the seizure. "(c) Not later than 60 days after a claim and cost bond have been filed under section 608 of the Tariff Act of 1930 regarding a conveyance seized for a drug-related offense, the Attorney General shall file a complaint for forfeiture in the appropriate district court, except that the court may extend the period for filing for good cause shown or on agreement of the parties. If the Attorney General does not file a complaint as specified in the preceding sentence, the court shall order the return of the conveyance to the owner and the forfeiture may not take place. "(d) Any owner of a conveyance seized for a drug-related offense may obtain releeise of the conveyance by providing security in the form of a bond to the Attorney General in an amount equal to the value of the conveyance unless the Attorney General determines the conveyance should be retained (1) as contraband, (2) as evidence of a violation of law, or (3) because, by reason of design or other characteristic, the conveyance is particularly suited for use in illegal activities.". (b) CLERICAL AMENDMENT.—The table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 511 the following new item: "511 A. Expedited procedures for seized conveyances."'

19-194 O—91—Part i

-11: QL 3

Claims. 21 USC 881-1.

Regulations.

�