PUBLIC LAW 107-217—AUG. 21, 2002 116 STAT. 1135 by court decree may retain the property and devote it only to official use instead of disposing of the property as otherwise provided by law if competent authority does not order the property returned to any claimant. (2) AGENCY DOES NOT DESIRE TO RETAIN PROPERTY. — If the agency does not desire to retain the property, the head of the agency immediately shall notify the Administrator to that effect, and the property— (A) if not ordered by competent authority to be returned to any claimant, or disposed of as otherwise provided by law, shall be delivered by the agency, on order of the Administrator given within a reasonable time, to another agency that requests the property and that the Administrator believes should be given the property; or (B) on order of the Administrator given within a reasonable time, shall be disposed of as otherwise provided by law. (d) PROPERTY SUBJECT TO COURT PROCEEDING FOR FORFEITURE. — (1) NOTIFICATION OF ADMINISTRATOR. — If a proceeding has begun for the forfeiture of any property by court decree, the agency that seized the property immediately shall notify the Administrator and at the same time may file with the Administrator a request for the property for its official use. (2) APPLICATION FOR COURT ORDER TO DELIVER PROPERTY.— ^ (A) IN GENERAL.—Before entry of a decree, the Administrator shall apply to the court to order delivery of the property in accordance with this paragraph. (B) DELIVERY TO SEIZING AGENCY. — If the agency that seized the property files a request for the property under paragraph (1), the Administrator shall apply to the court to order delivery of the property to the agency that seized the property. (C) DELIVERY TO OTHER REQUESTING AGENCY. — If the agency that seized the property does not file a request for the property under paragraph (1) but another agency requests the property, the Administrator shall apply to the court to order delivery of the property to the requesting agency if the Administrator believes that the requesting agency should be given the property. (D) DELIVERY TO SEIZING AGENCY FOR TEMPORARY HOLDING. —I f application to the court cannot be made under subparagraph (B) or (C) and the Administrator believes the property may later become necessary to any agency for official use, the Administrator shall apply to the court to order delivery of the property to the agency that seized the property, to be retained in its custody. Within a reasonable time, the Administrator shall order the agency to— (i) deliver the property to another agency that requests the property and that the Administrator believes should be given the property; or (ii) dispose of the property as otherwise provided by law. (3) FORFEITURE DECREED.—If forfeiture is decreed and the property is not ordered by competent authority to be returned to any claimant, the court shall order delivery as provided in paragraph (2). 99-194O-03 -12:QL3Part2
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