Us Code § 1881e - Use of information acquired under this subchapter
Full text of Us Code United States Code § 1881e — Use of information acquired under this subchapter, with citation guidance and answers to common questions.
§ 1881e. Use of information acquired under this subchapter
(a) Information acquired under section 1881a
(1) In general
Information acquired from an acquisition conducted under section 1881a of this title shall be deemed to be information acquired from an electronic surveillance pursuant to subchapter I for purposes of section 1806 of this title, 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
Information acquired from an acquisition conducted under section 1881b of this title shall be deemed to be information acquired from an electronic surveillance pursuant to subchapter I for purposes of section 1806 of this title.
(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
Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of this title, effective Apr. 19, 2024, this section is repealed.
Editorial Notes
Amendments
2018—Subsec. (a). Pub. L. 115–118 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), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective Apr. 19, 2024.
About This Section
50 U.S.C. § 1881e is part of Title 50 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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