US Code

Public Law 119-73 (01/23/2026)

50 U.S.C. § 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 titleInformation 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

section 1881a of this titleAny information concerning a United States person acquired under shall not be used in evidence against that United States person pursuant to paragraph (1) in any criminal proceeding unless—
(i)
section 1881a(f)(2) of this title the Federal Bureau of Investigation obtained an order of the Foreign Intelligence Surveillance Court to access such information pursuant to ; 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)
section 1365 of title 18 serious bodily injury, as defined in ;
(dd)
section 20911 of title 34 conduct that constitutes a criminal offense that is a specified offense against a minor, as defined in ;
(ee)
section 5195c(e) of title 42 incapacitation or destruction of critical infrastructure, as defined in ;
(ff)
section 5195c(e) of title 42 cybersecurity, including conduct described in 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 titleInformation acquired from an acquisition conducted under shall be deemed to be information acquired from an electronic surveillance pursuant to subchapter I for purposes of .

Pub. L. 95–511, title VII, § 706Pub. L. 110–261, title I, § 101(a)(2)122 Stat. 2457Pub. L. 115–118, title I, § 102(a)132 Stat. 8(, as added , , ; amended , , .)

Repeal of Section

Pub. L. 110–261, title IV, § 403(b)(1)122 Stat. 2474Pub. L. 112–238, § 2(a)(1)126 Stat. 1631Pub. L. 115–118, title II, § 201(a)(1)132 Stat. 19Pub. L. 118–31, div. G, title IX, § 7902(a)(1)137 Stat. 1108Pub. L. 118–49, § 19(a)(1)138 Stat. 891section 404 of Pub. L. 110–261section 1801 of this title, , , as amended by , , ; , , ; , , ; , , , provided that, except as provided in , set out as a note under , effective two years after , this section is repealed.

Editorial Notes

Amendments

Pub. L. 115–1182018—Subsec. (a). designated existing provisions as par. (1), inserted par. heading, and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 110–261, title IV, § 403(b)(1)122 Stat. 2474Pub. L. 112–238, § 2(a)(1)126 Stat. 1631Pub. L. 115–118, title II, § 201(a)(1)132 Stat. 19Pub. L. 118–31, div. G, title IX, § 7902(a)(1)137 Stat. 1108Pub. L. 118–49, § 19(a)(1)138 Stat. 891section 404 of Pub. L. 110–261section 1801 of this title, , , 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 two years after .