[House Report 107-594]
[From the U.S. Government Publishing Office]

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-594



   July 19, 2002.--Referred to the House Calendar and ordered to be 


Mr. Hefley and Mr. Berman, from the Committee on Standards of Official 
                    Conduct, submitted the following

                              R E P O R T

                       [To accompany H. Res. 495]

    The Committee on Standards of Official Conduct 
(``Committee'') submits this privileged report pursuant to 
House Rule XI, Clause 3(a)(2) and House Rule XIII, Clause 
5(a)(5), which authorize the Committee to investigate any 
alleged violation by a Member, officer, or employee of the 
House of Representatives of the Code of Official Conduct or of 
any law, rule, regulation, or other standard of conduct 
applicable to the conduct of such Member, officer, or employee 
and to submit to the House a privileged report recommending 
action by the House as a result of such an investigation.
    This report summarizes the Committee's investigation of 
Representative James A. Traficant, Jr. relating to 
Representative Traficant's conviction in federal district court 
on 10 felony charges primarily related to Representative 
Traficant's official actions as a Member of the U.S. House of 
Representatives, gives the evidence supporting the Committee's 
findings, and explains the Committee's reasons for recommending 
to the House of Representatives that, pursuant to Article I, 
Section 5, Clause 2 of the United States Constitution and 
Committee Rule 25(e), that Representative Traficant be expelled 
from the U.S. House of Representatives.

                         A. Procedural History

    On July 17, 2002, the Adjudicatory Subcommittee found that 
the evidence presented by the Investigative Subcommittee was 
sufficient to prove Counts I-IX of the SAV by clear and 
convincing evidence. On July 18, 2002, the Adjudicatory 
Subcommittee reported its findings to the Committee pursuant to 
Committee Rule 24(p). That same day, the Committee on Standards 
of Official Conduct held a Sanctions Hearing at which counsel 
for the Committee and Representative Traficant, pro se, made 
oral submissions regarding the sanction the Committee should 
recommend to the House. Following the hearing, the Committee 
met in executive session to deliberate on what, if any, 
sanction should be recommended to the House of Representatives, 
pursuant to Committee Rule 25(c). The Committee also adopted a 
resolution for submission to the House of Representatives and 
adopted a report to accompany that resolution.

   B. Findings of the Committee on Standards of Official Conduct and 
                  Reasons for the Recommended Sanction

    As its findings in this matter, the Committee on Standards 
of Official Conduct adopts the report of the Adjudicatory 
Subcommittee, which is attached to this report. After carefully 
considering that report and the oral submissions of Committee 
counsel and of Representative Traficant at the sanction hearing 
in this matter, the Committee concluded that the nine 
violations committed by Representative Traficant were of the 
most serious character meriting the strongest possible 
Congressional response. Accordingly, the Committee agreed by a 
unanimous vote to recommend that the House of Representatives 
adopt a Resolution in the following form:

                            house resolution

    Resolved, That, pursuant to Article I, Section 5, Clause 2 
of the United States Constitution, Representative James A. 
Traficant, Jr., be, and he hereby is, expelled from the House 
of Representatives.

    Pursuant to Committee Rule 25(h), the Committee also 
directed that a report containing a summary of the evidence and 
the reasons for adopting the recommended sanction be prepared 
to accompany the resolution when it is submitted to the House 
of Representatives.
    Statement Pursuant to House Rule XIII, Clause 3(C)(1): No 
oversight findings are considered pertinent.