The law › Title 18, Crimes and Criminal Procedure › Chapter 46
18 U.S.C. 981: Civil forfeiture
Created in 1986 by Public Law 99-570. Changed by 16 later laws. No bill we track in this Congress changes it.
7 other sections of the Code cite this one, including 19 U.S.C. 1613b, 21 U.S.C. 881, 31 U.S.C. 5317, 31 U.S.C. 5332, 31 U.S.C. 5335.
4 parts of federal rules cite it as their authority, written by Department of Justice (2), United States Postal Service (1), United States Fish and Wildlife Service, Department of the Interior (1).
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2016
- Pub. L. 114–122 added subpar. (I). Law text · (a)
2012
- Pub. L. 112–186 inserted "670," after "657,". (Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety Act of 2012" or the "SAFE DOSES Act) Law text · (a)
2010
- Pub. L. 111–203, in concluding provisions, struck out "Resolution Trust Corporation," after "acquired or held by the" and "or the Office of Thrift Supervision" after "Office of the Comptroller of the Currency". (Dodd-Frank Wall Street Reform and Consumer Protection Act) Law text · (a)
2006
- Pub. L. 109–177, §111, inserted "trafficking in nuclear, chemical, biological, or radiological weapons technology or material, or" after "involves". (USA PATRIOT Improvement and Reauthorization Act of 2005) Law text · (a)
- Pub. L. 109–177, §120(1), which directed amendment of cl. (i) by substituting "any Federal crime of terrorism (as defined in section 2332b(g)(5))" for "act of international or domestic terrorism (as defined in section 2331)", was executed by making the substitution for "act of… (USA PATRIOT Improvement and Reauthorization Act of 2005) Law text · (a)
- Pub. L. 109–177, §120(2), which directed amendment of cl. (ii) by "striking 'an act of international or domestic terrorism (as defined in section 2331)' with 'any Federal crime of terrorism (as defined in section 2332b(g)(5)' ", was executed by striking "an act of domestic or… (USA PATRIOT Improvement and Reauthorization Act of 2005) Law text · (a)
- Pub. L. 109–177, §120(3), which directed amendment of cl. (iii) by substituting "Federal crime of terrorism (as defined in section 2332b(g)(5))" for "act of international or domestic terrorism (as defined in section 2331)", was executed by making the substitution for "act of… (USA PATRIOT Improvement and Reauthorization Act of 2005) Law text · (a)
- Pub. L. 109–177, §404, added cl. (iv). (USA PATRIOT Improvement and Reauthorization Act of 2005) Law text · (a)
- Pub. L. 109–177, §406(a)(3), substituted "foreign financial institution (as defined in section 984(c)(2)(A) of this title)" for "foreign bank" wherever appearing. (USA PATRIOT Improvement and Reauthorization Act of 2005) Law text · (k)
2002
2001
- Pub. L. 107–56, §§372(b)(1), 373(b), struck out "of section 5313(a) or 5324(a) of title 31, or" after "transaction or attempted transaction in violation", substituted ", 1957 or 1960" for "or 1957", and struck out at end "However, no property shall be seized or forfeited in the c… (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001) Law text · (a)
- Pub. L. 107–56, §320, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "Any property, real or personal, within the jurisdiction of the United States, constituting, derived from, or traceable to, any proceeds obtained directly or indirectly from an o… (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001) Law text · (a)
- Pub. L. 107–56, §806, added subpar. (G). (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001) Law text · (a)
- Pub. L. 107–56, §319(a), added subsec. (k). (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001) Law text · (k)
2000
- Pub. L. 106–185, §2(c)(1)(A), substituted "The" for "Except as provided in paragraph (2), the" in introductory provisions. (Civil Asset Forfeiture Reform Act of 2000) Law text · (a)
- Pub. L. 106–185, §20(a), substituted "or any offense constituting 'specified unlawful activity' (as defined in section 1956(c)(7) of this title), or a conspiracy to commit such offense." for "or a violation of section 1341 or 1343 of such title affecting a financial institution." (Civil Asset Forfeiture Reform Act of 2000) Law text · (a)
- Pub. L. 106–185, §§2(c)(1)(B), 20(b), added par. (2) and struck out former par. (2) which read as follows: "No property shall be forfeited under this section to the extent of the interest of an owner or lienholder by reason of any act or omission established by that owner or lienhol… (Civil Asset Forfeiture Reform Act of 2000) Law text · (a)
- Pub. L. 106–185, §5(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: (Civil Asset Forfeiture Reform Act of 2000) Law text · (b)
- Pub. L. 106–185, §6, added par. (6) and struck out former par. (6) which read as follows: "in the case of property referred to in subsection (a)(1)(C), restore forfeited property to any victim of an offense described in subsection (a)(1)(C); or". (Civil Asset Forfeiture Reform Act of 2000) Law text · (e)
- Pub. L. 106–185, §8(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: "The filing of an indictment or information alleging a violation of law, Federal, State, or local, which is also related to a forfeiture proceeding under this section shall, upon mot… (Civil Asset Forfeiture Reform Act of 2000) Law text · (g)
1994
- Pub. L. 103–322, §330011(s)(2), amended directory language of Pub. L. 101–647, §2525(a)(2). See 1990 Amendment note below. · (e)
- Pub. L. 103–447, which directed substitution of "section 490(a)(1) of the Foreign Assistance Act of 1961" for "paragraph (1)(A) of section 481(h) of the Foreign Assistance Act of 1961", could not be executed because the words "paragraph (1)(A) of" do not appear in text. · (i)
1992
- Pub. L. 102–550, §1525(c)(1), substituted "5324(a)" for "5324". · (a)
- Pub. L. 102–393 inserted provisions relating to sections 471, 472, 473, 474, 476, 477, 478, 479, 480, 481, 485, 486, 487, 488, 501, 502, 510, 542, 545, 842, 844, 1028, 1029, and 1030 of this title. · (a)
- Pub. L. 102–519 added subpar. (F). · (a)
- Pub. L. 102–550, §1533, struck out penultimate sentence of concluding provisions which read as follows: "The authority granted to the Secretary of the Treasury and the Postal Service pursuant to this subsection shall apply only to property that has been administratively forfeited." · (e)
1990
- Pub. L. 101–647, §2524(1), inserted "1032," after "1014," and "or a violation of section 1341 or 1343 of such title affecting a financial institution" before period at end. · (a)
- Pub. L. 101–647, §2525(a)(1), added subpars. (D) and (E). · (a), (E)
- Pub. L. 101–647, §2524(2), added par. (1) and par. (2) introductory provisions, redesignated former pars. (1) and (2) as subpars. (A) and (B) of par. (2), and struck out former introductory provisions which read as follows: "Any property subject to forfeiture to the United States under… · (b)
- Pub. L. 101–647, §3531, inserted a period at end. · (d)
- Pub. L. 101–647, §2524(3), (4), struck out "(if the affected financial institution is in receivership or liquidation)" after "subsection (a)(1)(C)". · (e), (4)
- Pub. L. 101–647, §2508, added par. (6). · (e)
- Pub. L. 101–647, §2525(a)(2), as amended by Pub. L. 103–322, §330011(s)(2), added par. (7). · (e)
- Pub. L. 101–647, §103(1), struck out introductory provisions which read as follows: "In the case of property subject to forfeiture under subsection (a)(1)(B), the following additional provisions shall, to the extent provided by treaty, apply:". · (i)
- Pub. L. 101–647, §103(3), substituted first sentence for "Notwithstanding any other provision of law, except section 3 of the Anti Drug Abuse Act of 1986, whenever property is civilly or criminally forfeited under the Controlled Substances Act, the Attorney General may, with the con… · (i)
- Pub. L. 101–647, §103(2), (4), (5), inserted "or the Secretary of the Treasury" after "Attorney General" in two places, realigned margin, and struck out at end "Transfers may be made under this subsection during a fiscal year to a country that is subject to paragraph (1)(A) of section 481(h) of the… · (i)
- Pub. L. 101–647, §103(2), realigned margins. · (i)
1989
- Pub. L. 101–73, §963(a), added subpar. (C). · (a)
- Pub. L. 101–73, §963(b), substituted "determine—" for "determine to—" in introductory provisions, inserted "The United States shall not be liable in any action arising out of a transfer under paragraph (3), (4), or (5) of this subsection." in closing provisions, added pars. (1) to (5),… · (e)
1988
- Pub. L. 100–690, §6463(a)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: "Any property, real or personal, which represents the gross receipts a person obtains, directly or indirectly, as a result of a violation of section 1956 or 1957 of this title… · (a)
- Pub. L. 100–690, §6470(b), inserted ", real or personal," after "property", substituted "constituting, derived from, or traceable to, any proceeds obtained directly or indirectly from" for "which represents the proceeds of", "such offense would" for "such offense or activity woul… · (a)
- Pub. L. 100–690, §6463(a)(2), struck out subpar. (C) which read as follows: "Any coin and currency (or other monetary instrument as the Secretary of the Treasury may prescribe) or any interest in other property, including any deposit in a financial institution, traceable to such … · (a)
- Pub. L. 100–690, §6470(e), substituted "omission" for "emission". · (a)
- Pub. L. 100–690, §6463(b), which directed amendment of subsec. (b) by substituting "involved in a violation of section 5313(a) or 5324 of title 31 or of section 1956 or 1957 of this title investigated by the Secretary of the Treasury" for "involved in a violation of section 1956 or 195… · (b)
- Pub. L. 100–690, §6469(b)(1), inserted "or the Postal Service" after "Secretary of the Treasury" in two places in introductory provisions. · (b)
- Pub. L. 100–690, §6469(b)(2), substituted "the Attorney General, the Secretary of the Treasury, or the Postal Service" for "the Attorney General or the Secretary of the Treasury". · (b)
- Pub. L. 100–690, §6469(b)(2), substituted "the Attorney General, the Secretary of the Treasury, or the Postal Service" for "the Attorney General or the Secretary of the Treasury" in two places. · (c)
- Pub. L. 100–690, §6469(b)(2), (3), substituted "the Attorney General, the Secretary of the Treasury, or the Postal Service" for "the Attorney General or the Secretary of the Treasury" and inserted provision that Attorney General have sole responsibility for disposing of petitions for r… · (d)
- Pub. L. 100–690, §6469(b)(2), which directed the substitution of "the Attorney General, the Secretary of the Treasury, or the Postal Service" for "the Attorney General or the Secretary of the Treasury" was executed to reflect the probable intent of Congress by making the substitution i… · (e)
- Pub. L. 100–690, §6469(b)(4), inserted provision that the authority granted to the Secretary of the Treasury and the Postal Service apply only to property that has been administratively forfeited. · (e)
- Pub. L. 100–690, §6471(c), inserted ", Federal, State or local," after "law". · (g)
- Pub. L. 100–690, §6470(f), substituted "subsection" for "subchapter" in fourth sentence. · (i)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.