Congress Simulation

Privacy Debate
The Issue
Federal law enforcement officials have asked Congress to make it easier for them to wire-tap
the phones and computers of suspected terrorists. Congressman Jones has introduced
legislation (the "Freedom and Fairness for America Act”) to allow the FBI, CIA and other law
enforcement agencies to tap phones and computers without prior judicial approval, so long as
they receive approval within one week after placing the tap. Law enforcement may use any
evidence collected in the prosecution of any federal crime. If the tap is denied, the law
enforcement agency in question must pay restitution (amount to be determined by rulemaking)
to the person whose phone/computer was tapped. The legislation sunsets in five years.

Floor Managers
Materials: Description of all members and talking points (talking points to be e-mailed
separately)
Responsibilities:
Manage allotted time, allowing every member on your side to speak at least once
Make sure best arguments are offered by your members
Make sure best speaker closes
Rebut accusations of the other side
With the assistance of the party whip, keep members "in line”- don't let them switch
Convince the undecided members to vote with you
Philp Argauer - Rep. Jones (R), Floor Manager for the majority
Introduced the legislation. Chair of the Judiciary Committee. Strongly supports legislation.
District very conservative, suburban area with a high percentage of military personnel. In
addition, the largest manufacturer of wire taps is headquartered in the Congressman's district.
Jones' constituents view terrorism as a serious threat. About 10,000 people from the military
base in the district have or are currently taking part in terrorism-related military actions. Rep.
Jones received 74% of the vote in the last election.
Miguel Daez - Rep. Means (D), Floor Manager for the minority
Highest ranking Democratic member on the Judiciary Committee. Strongly opposes legislation.
District very liberal, urban area with a mix of lower income individuals and academics. Means'
constituents are wary of law enforcement officials. Many of them have been wrongly accused of
crimes. The district also houses a small liberal arts university which has about 6,000 students.
Means' company base is mainly small businesses and the university. Rep. Means received 72%
of the vote in the last election.

Members
Materials: Your “member description" and general talking points (talking points to be e-mailed
separately). Majority and minority whips (John H. and Michael) should print all member
descriptions to assist them in their task of encouraging members to take their party’s position on
the bill.
Responsibilities
You must play your part as assigned - debate and vote as if you really are the member.
You must speak at least once in the debate.
You must give at least one interview if requested.
Make points in debate and with press that will "play well at home"
Listen to messages from the staff and incorporate them into your decision-making.
 Make sure your initial decision is the right one (you can change your mind as the debate
progresses).
John Hurley - Rep. Abernathy (R) - Majority Whip, supports legislation
Rep. Abernathy serves on the Committee with Rep. Jones and has always been a loyal
lieutenant. Abernathy represents an area of the country that was directly affected by terrorism
when a car bomb was set off at a major intersection, killing two people and injuring 50. District
moderately conservative "bedroom" community of a larger urban area. Abernathy's constituents
were appalled by the car bombing. Rep. Abernathy received 65% of the vote in the last election.
He has his eye on a Senate seat.
Michael Evich - Rep. Silva (D) Minority Whip, opposes legislation
Rep. Silva serves on the Committee with Rep. Means and vehemently opposes the legislation.
In fact, he offered an amendment in committee to essentially "gut" the bill. District is a very poor,
inner-city area with a high crime-rate and a police department that has received bad press for
allegations of mistreating detainees. Many of the people who live in the district are illegal
immigrants who do not speak English very well. Silva's constituents do not communicate much
with the congressional office. Those who do are looking for the office to help them with
perceived injustices in the judicial system.
Silva's business base is almost non-existent with high turn-over rates. Most talk to the office
about the need for additional loans. Rep. Silva received 85% of the vote in the last election.
Monica Abela - Rep. Gallery (R), supports legislation
Rep. Gallery has reluctantly come out in support of the legislation. She is a member of the
Committee and supported the Silva amendment to gut the bill. However, she thinks that the bill
is better than the status quo. Plus, she promised the chair she would vote for the bill on the floor
if she could vote for the amendment in committee. Her own legislative initiative is riding on this
promise. District leans Republican although is by no means safe. Most residents have not been
directly affected by terrorism and have not thought much about the issue. Rep. Gallery received
55% of the vote in the last election.
Nate Bruce - Rep. August (R), opposes legislation
Although he is a Republican, Rep. August is bucking his party on this issue. He has always
been a strong supporter of civil liberties and is concerned that the legislation gives law
enforcement too much power. District leans Democratic. It is an up-and-coming "high tech"
area. August has been able to hold the seat as a result of his strong support for education and
other issues. Plus, people like him. His constituents generally support more personal privacy,
but haven't thought much about this issue. They are in frequent contact with the office and are
deeply divided as to the best approach. The business community, including a number of high-
tech surveillance companies, argues that there are other less intrusive ways, besides wire-
tapping, to collect evidence. Rep. August received 54% of the vote in the last election.
John Burke - Rep. Earle (D), supports legislation
Rep. Earle surprised no one when he came out in support of the legislation. Many of his
Democratic party colleagues have called him a "turncoat" in the past. Rep. Earle has a following
among the younger "renegade" minority members. District is very blue-collar, with mainly union
and minimum wage jobs. The refinery provides most of the employment in the region and is
regarded as a potential terrorist target. Constituents are concerned about their children's future.
The business community hasn't expressed any views on this issue. Rep. Earle received 62% of
the vote in the last election.
Helena Shipley - Rep. Faire (R), opposes legislation
Party leaders were shocked when Rep. Faire announced her opposition. She has led the
crusade for increased funding for the war on terrorism. Rep. Faire argues that the legislation
goes too far. She'd rather err on the side of protecting privacy, while providing law enforcement
with other tools to combat terrorism. District is rural, with a high percentage of Quakers.
Constituents are not very concerned about the wire-tapping. They feel that they are not likely to
be targets of law enforcement's efforts. The business community, on the other hand, agrees
with Rep. Faire, and strongly opposes the legislation. Many of them are working to bring more
computer technology to the community and are concerned that invasions of privacy will become
a big issue. Rep. Faire received 68% of the vote in the last election.
Abby Starrs - Rep. Sienna (R), supports legislation
Rep. Sienna strongly supports the legislation and would go even further to allow law
enforcement to tap phones and computers without any judicial review. In fact, Rep. Sienna
believes that the federal government should be able to incarcerate suspected terrorists without
due cause. District very conservative rural area. Strongly Republican. There is a military base in
the district, as well as a police training academy. Constituents agree with Rep. Sienna and are
proud to have her fighting for their security in Washington. The business community supports
the legislation. Rep. Sienna received 80% of the vote in the last election.
Joachim Davis - Rep. Denny (D), opposes legislation
Rep. Denny has come out in opposition to the legislation, although it is a very tough call. Many
constituents are concerned about privacy violations, but businesses in the area support even
stronger efforts to capture terrorists. District is a suburban area. Many workers commute to the
nearby university and businesses in the medium-sized city nearby. The region has both an
airport as well as a major train station, so business interests are worried about the impact
terrorism might have on their ability to ship products out of the area. Rep. Denny received 52%
of the vote in the last election.

Undecided Members
NOTE: May participate in the debate but not required

Maggie Peppiatt - Rep. Holden (R), undecided

Rep. Holden is a long-time Republican House member who comes from a relatively safe district
where most of her constituents are Republican. She won 75% of the vote in the last election
and has her eye on a Senate seat in the future. Although her district is strongly Republican, the
state as a whole is a swing state in presidential elections with a population evenly divided
between the two major parties.

Dinneen Evich - Rep. Strauss (D), undecided

Rep. Strauss is a first term Democratic member who narrowly won her election in a district that
is fairly evenly divided. She is receiving significant pressure from the two Democratic senators
from her state to oppose this bill in the House. Although she feels obligated to support her party
and retain their support for her re-election bid, her district has strongly supported law
enforcement in the past and polling shows that terrorism ranks high on their list of national
concerns.

Elizabeth Davis - Rep. Boyd (R), undecided

Rep. Boyd is serving her 5th term in the House. Over the last decade, her district has shifted
from being majority Republican to now evenly divided between the two parties. Nevertheless,
Rep. Boyd has continued to easily win re-election due in large part to her personal popularity
with her constituents. As a former police officer, she has always strongly supported law
enforcement. Recently, a local civil liberties group has started a vocal movement to raise
awareness of privacy concerns which is picking up strong support in the community.

Jessica Byrne - Rep. Holbrook (D), undecided

Rep. Holbrook is a senior Democratic member who won her last election with 65% of the
vote. She represents a suburban district where many of her constituents are commuters who
work in a major city that has been identified as a vulnerable location for a terrorist attack. A
popular Democratic state senator has already announced his intention to challenge her for the
party nomination in the next election.

Tara Silk - Rep. Mathers (R), undecided

Rep. Mathers is a loyal Republican who generally always supports the party’s position on
bills. In this case, she is undecided due to a high profile privacy lawsuit that has generated
intense media coverage in her district. Many of her constituents have phoned her office to
express privacy concerns over the wiretapping bill, but she has not heard from many
constituents who support it. She won the last election with 55% of the vote.

Maria Francis - Rep. Statts (D), undecided

Rep. Stats narrowly won re-election in the last election. Although her Democratic base is still
very loyal to her, the district lines shifted after the latest redistricting which resulted in a number
of Republican-leaning areas being included within the new district lines. In one of those
communities, a recent bomb threat rattled her constituents and heightened terrorism concerns
in the community. Several prominent local Democrats have expressed interest in challenging
her in the primary during the next election cycle.

Alex Harvey - Rep. Walters (D), undecided

Rep. Walters represents a district that includes a large city and major transportation
center. Although he has a long history of voting with his party, his constituents’ opinions on this
bill run counter to Democratic party opinion. The local press have recently launched a series of
news stories that have raised concerns about the city’s vulnerability to potential terrorist attacks,
thus heightening constituent support for aggressively combating terrorism. He is torn on how to
vote, as he recently sought support from the bill’s chief opponent (Rep. Means - D) for funding a
performing arts center in the city. Rep. Means has asked him to return the favor now in joining
him in opposing this wiretapping bill.

Press

Teresa Baird - Journalist (Republican-Leaning News Source)

Ellie Richards - Journalist (Democratic-Leaning News Source)

As members of the press, your task is to secure interviews with as many members as possible
during the breaks between debate sessions. You should ask tough questions and try to get
members to provide justification for their opinion on the bill. Although the members will be trying
to make statements that will play well with their constituents, your job as a journalist is to seek
out information that will make for an attention-grabbing news story. You must interview at least
four House members, but the selection of which ones would be ideal for your story is entirely up
to you.

Staff Members

Evelyn Sutton and Maggie Lilly

During each of the three debate rounds, you will have messages (will be e-mailed separately to
you before class) that must be distributed to members of your party that may influence their
opinions on the bill. Your task is to make sure these messages are delivered within each round
by asking the member to step out of the debate to hear your message. You may have to
coordinate this with the party floor leaders to ensure that you do not pull out a member who is
scheduled to speak. Members may also request that you deliver messages to other members
on their behalf. If a member asks for your advice on how they should vote on the bill, you are
permitted to offer it.
General Points in Support of the Bill

Terrorism is a serious national problem and drastic measures are necessary to ensure
the safety of law-abiding citizens.

This is a short-term proposal that will sunset after the war on terrorism is over. It is not
intended to be a permanent solution.

Any innocent victims will receive restitution for any perceived violation of privacy.

Law enforcement needs this wide-ranging authority to ensure that terrorists do not slip
through legal loopholes.