50 USC § 1881e - Use of information acquired under this subchapter

---
identifier: "/us/usc/t50/s1881e"
source: "usc"
legal_status: "official_prima_facie"
title: "50 USC § 1881e - Use of information acquired under this subchapter"
title_number: 50
title_name: "WAR AND NATIONAL DEFENSE"
section_number: "1881e"
section_name: "Use of information acquired under this subchapter"
chapter_number: 36
chapter_name: "FOREIGN INTELLIGENCE SURVEILLANCE"
subchapter_number: "VI"
subchapter_name: "ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE THE UNITED STATES"
positive_law: false
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 95–511, title VII, § 706, as added Pub. L. 110–261, title I, § 101(a)(2), July 10, 2008, 122 Stat. 2457; amended Pub. L. 115–118, title I, § 102(a), Jan. 19, 2018, 132 Stat. 8.)"
---


# § 1881e. Use of information acquired under this subchapter

**(a)** **Information acquired under section 1881a**

**(1)** **In general** section 1881a of this titlesection 1806 of this title

Information acquired from an acquisition conducted under  shall be deemed to be information acquired from an electronic surveillance pursuant to subchapter I for purposes of , except for the purposes of subsection (j) of such section.

**(2)** **United States persons**

**(A)** **In general** Any information concerning a United States person acquired under section 1881a of this title shall not be used in evidence against that United States person pursuant to paragraph (1) in any criminal proceeding unless—

**(i)** the Federal Bureau of Investigation obtained an order of the Foreign Intelligence Surveillance Court to access such information pursuant to section 1881a(f)(2) of this title; or

**(ii)** the Attorney General determines that—

**(I)** the criminal proceeding affects, involves, or is related to the national security of the United States; or

**(II)** the criminal proceeding involves—

**(aa)** death;

**(bb)** kidnapping;

**(cc)** serious bodily injury, as defined in section 1365 of title 18;

**(dd)** conduct that constitutes a criminal offense that is a specified offense against a minor, as defined in section 20911 of title 34;

**(ee)** incapacitation or destruction of critical infrastructure, as defined in section 5195c(e) of title 42;

**(ff)** cybersecurity, including conduct described in section 5195c(e) of title 42 or section 1029, 1030, or 2511 of title 18;

**(gg)** transnational crime, including transnational narcotics trafficking and transnational organized crime; or

**(hh)** human trafficking.

**(B)** **No judicial review** A determination by the Attorney General under subparagraph (A)(ii) is not subject to judicial review.

**(b)** **Information acquired under section 1881b** section 1881b of this titlesection 1806 of this title

Information acquired from an acquisition conducted under  shall be deemed to be information acquired from an electronic surveillance pursuant to subchapter I for purposes of .

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**Source Credit**: (Pub. L. 95–511, title VII, § 706, as added Pub. L. 110–261, title I, § 101(a)(2), July 10, 2008, 122 Stat. 2457; amended Pub. L. 115–118, title I, § 102(a), Jan. 19, 2018, 132 Stat. 8.)

### Repeal of Section

, , , as amended by , , ; , , ; , , ; , , ; , , , provided that, except as provided in , set out as a note under , effective , this section is repealed.

## Editorial Notes

### Amendments

2018—Subsec. (a).  designated existing provisions as par. (1), inserted par. heading, and added par. (2).

## Statutory Notes and Related Subsidiaries

### Effective Date of Repeal

, , , as amended by , , ; , , ; , , ; , , ; , , , provided that, except as provided in , set out as a Transition Procedures note under , the repeals made by section 403(b)(1) are effective .