A joint resolution authorizing the President's Commission on Organized Crime to compel the attendance and testimony of witnesses and the production of information, and for other purposes.
PL 98-368 (H.J.Res.548), enacted 07/17/1984

98 STAT. 490 
PUBLIC LAW 98-368—JULY 17, 1984 
Public Law 98-
98th Congress 
368 
Joint Resolution 
July 17, 1984 
[H.J. Res. 548] 
Crimes and 
misdemeanors. 
18 u s e 1961 
note. 
3 CFR, 1983 
Comp., p. 202. 
Authorizing the President's Commission on Organized Crime to compel the attend-
ance and testimony of witnesses and the production of information, and for other 
purposes. 
Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, 
TAKING OF TESTIMONY AND RECEIPT OF EVIDENCE 
SECTION 1. The Commission established by the President by Exec-
utive Order 12435, dated July 28, 1983 (hereinafter in this joint 
resolution referred to as the "Commission"), may hold hearings. The 
powers authorized by this resolution shall be limited to the purposes 
set forth in section 2 of that Executive order. The Commission, or a 
member of the Commission or member of the staff of the Commis-
sion designated by the Commission for such purpose, may adminis-
ter oaths and affirmations, examine witnesses, and receive evidence. 
Courts, U.S. 
18 u s e 1961 
note. 
28 u s e app. 
SUBPENA POWER 
SEC. 2. (a) The Commission, or any member of the Commission 
when so authorized by the Commission, shall have the power to 
issue subpenas requiring the attendance and testimony of witnesses 
and the production of information relating to a matter under inves-
tigation by the Commission. A subpena may require the person to 
whom it is directed to produce such information at any time before 
such person is to testify. Such attendance of witnesses and the 
production of such evidence may be required from any place within 
the jurisdiction of the United States at any designated place of 
interview or hearing. A person to whom a subpena issued under this 
subsection is directed may for cause shown move to enlarge or 
shorten the time of attendance and testimony, or may move to 
quash or modify a subpena for the production of information if it is 
unreasonable or oppressive. In the case of a subpena issued for the 
purpose of taking a deposition upon oral examination, the person to 
be deposed may make any motion permitted under rule 26(c) of the 
Federal Rules of Civil Procedure. ^ 
(b)(1) In case of contumacy or refusal to obey a subpena issued to a 
person under this section, a court of the United States within the 
jurisdiction of which the person is directed to appear or produce 
information, or within the jurisdiction of which the person is found, 
resides, or transacts business, may upon application by the Attorney 
General, issue to such person an order requiring such person to 
appear before the Commission, or before a member of the Commis-
sion or a member of the staff of the Commission designated by the 
Commission for such purpose, there to give testimony or produce 
information relating to the matter under investigation, as required 
by the subpena. Any failure to obey such order of the court may be 
punished by the court as a contempt thereof. 
PUBLIC LAW 98-368—JULY 17, 1984 
98 STAT. 491 
(2) The Commission is an agency of the United States for the 
purpose of rule 81(aX3) of the Federal Rules of Civil Procedure. 
28 use app. 
(c) Process of a court to which application may be made under this 
section may be served in a judicial district wherein the person 
required to be served is found, resides, or transacts business. 
TESTIMONY OF PERSONS IN CUSTODY 
SEC. 3. A court of the United States within the jurisdiction in 
18 use 1961 
which testimony of a person held in custody is sought by the 
^°^-
Commission or within the jurisdiction of which such person is held 
in custody, may, upon application by the Attorney General, issue a 
writ of habeas corpus ad testificandum requiring the custodian to 
produce such person before the Commission, or before a member of 
the Commission or a member of the staff of the Commission desig-
nated by the Commission for such purpose. 
IMMUNITY 
SEC. 4. The Commission is an agency of the United States for the 
18 use 1961 
purpose of part V of title 18 of the United States Code. 
is^use 600i 
SERVICE OF PROCESS; WITNESS FEES 
SEC. 5. (a) Process and papers issued pursuant to this resolution 
18 USC 1961 
may be served in person, by registered or certified mail, by tele- 
^°^-
graph, or by leaving a copy thereof at the residence or principal 
office or place of business of the person required to be served. When 
service is by registered or certified mail or by telegraph, the return 
post office receipt or telegraph receipt therefor shall be proof of 
service. Otherwise, the verified return by the individual making 
service, setting forth the manner of such service, shall be proof of 
service. 
(b) A witness summoned pursuant to this resolution shall be paid 
the same fees and mileage as are paid witnesses in the courts of the 
United States, and a witness whose deposition is taken and the 
person taking the same shall severally be entitled to the same fees 
as are paid for like services in the courts of the United States. 
ACCESS TO OTHER RECORDS AND INFORMATION 
SEC. 6. (a)(1) The investigative activities of the Commission are Law 
civil or criminal law enforcement activities for the purposes of pubUc^™^"^^ 
section 552a(bX7) of title 5, United States Code, except that section 
information. 
552a(c)(3) shall apply after the termination of the Commission. 
18 use I96i 
(2) The Commission is a Government authority, and an investiga- note. 
tion conducted by the Commission is a law enforcement inquiry, for 
the purposes of the Right to Financial Privacy Act of 1978 (12 U.S.C. 
3401 et seq.). Any delay authorized by court order in the notice 
required under that Act shall not exceed the life of the Commission, 
including any extension thereof. Notwithstanding a delay author-
ized by court order, if the Commission elects to publicly disclose the 
information in hearings or otherwise, it shall give notice required 
under the Right to Financial Privacy Act a reasonable time in 
advance of such disclosure. 
(b) For the purposes of section 2517 of title 18, United States Code, 
and as limited by subsection (c), the members and members of the 
staff of the Commission are investigative or law enforcement off!-
98 STAT. 492 
PUBLIC LAW 98-368—JULY 17, 1984 
cers, except that in the case of a disclosure to or by any member or 
member of the staff of the Commission of any of the contents of a 
18 use 2516. 
communication intercepted under section 2516(1) of such title, such 
disclosure may be made only after the Attorney General or the 
Attorney General's designee has had an opportunity to determine 
that such disclosure may jeopardize Federal law enforcement inter-
ests and has not made that determination, and in the case of a 
disclosure to or by any member or member of the staff of the 
Commission of any of the contents of a communication intercepted 
under section 2516(2) of such title, such disclosure may be made only 
after the appropriate State official has had an opportunity to make 
a determination that such disclosure may jeopardize State law 
enforcement interests and has not made that determination. 
(c)(1) A person to whom disclosure of information is made under 
this section shall use such information solely in the performance of 
such person's duties for the Commission and shall make no disclo-
sure of such information except as provided for by this joint resolu-
tion, or as otherwise authorized by law. 
(2) A disclosure or use by a member or a member of the staff of the 
Commission of the contents of a communication intercepted under 
18 use 2510 
chapter 119 of title 18 of the United States Code may be made solely 
^
^ ««9- 
in the course of carrying out the functions of the Commission as 
such functions were established by Executive Order 12435, dated 
3 eFR, 1983 
July 28,1983. 
Comp., p. 202. 
FEDERAL PROTECTION FOR MEMBERS AND STAFF OF THE COMMISSION 
18 use 1961 
SEC. 7. Conduct, which if directed against a United States attorney 
»o*e. 
would violate section 111 or 1114 of title 18, United States Code, 
shall, if directed against a member of the Commission or a member 
of the staff of the Commission, be subject to the same punishments 
as are provided by such sections for such conduct. 
CLOSURE OF MEETINGS 
18 use 1961 
SEC. 8. The functions of the President under section 10(d) of the 
note; 
Federal Advisory Committee Act (5 U.S.C. App. 10(d)) shall be 
5 Ubc app. 
performed by the Chairman of the Commission. 
RULES AND PROCEDURES OF THE COMMISSION 
18 use 1961 
SEC. 9. (a) The Commission shall adopt rules and procedures (1) to 
"^ote- 
govern its proceedings; (2) to provide for the security of records, 
documents, information, and other materials in its custody and of its 
proceedings; (3) to prevent unauthorized disclosure of information 
and materials disclosed to it in the course of its inquiry; (4) to 
provide the right to counsel to all witnesses examined pursuant to 
subpena; and (5) to accord the full protection of all rights secured 
and guaranteed by the Constitution of the United States. 
(b) No information in the possession of the Commission shall be 
disclosed by any member or employee of the Commission to any 
person who is not a member or employee of the Commission, except 
as authorized by the Commission and by law. 
(c) The term "employee of the Commission" means a person (1) 
whose services have been retained by the Commission, (2) who has 
been specifically designated by the Commission as authorized to 
have access to information in the possession of the Commission, and 
(3) who has agreed in writing and under oath to be bound by the 
PUBLIC LAW 98-368—JULY 17, 1984 
98 STAT. 493 
rules of the Commission, the provisions of this resolution, and other 
provisions of law relating to the nondisclosure of information. 
EFFECTIVE DATES OF RESOLUTION 
SEC. 10. This joint resolution shall take effect on the date of 18 use 1961 
enactment and shall remain in effect until the expiration of the ^°^-
Commission, including any extensions thereof, or two years, which-
ever event occurs earlier. 
Approved July 17, 1984. 
fvlJ 
LEGISLATIVE HISTORY—H.J. Res. 54^^(S.J. Res. 233): 
HOUSE REPORT No. 98-734 (Comm. on the Judiciary). 
SENATE REPORT No. 98-501 accompanying S.J. Res. 233 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
May 7, considered and passed House. 
June 15, considered and passed Senate, amended, in lieu of S.J. Res. 233. 
June 26, House concurred in Senate amendment.