Page:United States Statutes at Large Volume 84 Part 1.djvu/682

 624

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

"§ 23-549. Maintenance and custody of records " (a) The contents of any wire or oral communication intercepted by any means authorized by this subchapter shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire or oral communication under this subchapter shall be done in such way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, the recordings shall be made available to the judge issuing the order and sealed under his directions. Custody of the recordings snail be wherever the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge and in any event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsection (a) of section 23-553, for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire or oral communication or evidence derived therefrom under subsection (b) of section 23-553. " (b) Applications made and orders granted under this subchapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. The applications and orders shall be disclosed only upon a showing of good cause before a judge of competent juri'^diction and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years. "(c) Any violation of the provisions of this subsection may be punished as contempt of court. "§23-550. Inventory " (a) Within a reasonable time but not later than ninety daj^s after the filing of an application for an order of approval under section 2 3 548 which is denied, or the termination of the period of any order or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine, in his discretion, are necessary in the interest of justice, an inventory which shall include notice of— " (1) the fact of the entry of the order or the application for an order of approval which was denied; "(2) the date of the entry of the order or the denial of the application for an order of approval; "(3) The period of authorized, approved, or disapproved interception; and "(4) whether during the period wire or oral communications were intercepted. The judge, upon the filing of a motion, may in his discretion make available to the person or his counsel for inspection such portions of the intercepted communications, applications, and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge, the serving of the inventory required by this subsection may be postponed. "§ 23-55.1. Procedure for disclosure and supression of intercepted wire or oral communications " (a) The contents of any intercepted wire or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States or the District of Columbia unless not less than ten days before the trial, hearing, or proceeding— "(1) the inventory as provided in section 23-550 has been served; and

�