[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1753 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1753

To amend the Internal Revenue Code of 1986 to require the participation 
 in primary and general election debates of any candidate who receives 
   public financing, and to establish criteria for participation of 
                certain candidates in election debates.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 1993

Mr. Penny (for himself and Mr. Hastings, Mr. Jacobs, Mr. Johnston, and 
 Mr. Stokes) introduced the following bill; which was referred to the 
                   Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to require the participation 
 in primary and general election debates of any candidate who receives 
   public financing, and to establish criteria for participation of 
                certain candidates in election debates.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Democracy in Presidential Debates 
Act of 1993''.

SEC. 2. DEFINITION OF PRESIDENTIAL CANDIDATE DEBATE AND PRESIDENTIAL 
              PRIMARY DEBATE.

    Section 9002 of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new paragraphs:
            ``(13) The term `Presidential primary debate' means a 
        debate held prior to the first Presidential primary or caucus 
        in which each candidate who receives primary matching funds is 
        mandated to appear and participate in a regulated exchange of 
        questions and answers on political, economic, and other issues.
            ``(14) The term `Presidential candidate debate' means, with 
        regard to any Presidential election, a debate at which each 
        candidate nominated for election to the office of President by 
        a political party or as an independent candidate meeting the 
        qualifications set forth in this title, appears and 
        participates in a regulated exchange of questions and answers 
        on political, economic, and other issues.''

SEC. 3. PRESIDENTIAL PRIMARY DEBATES.

    (a) In General.--Chapter 96 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new section:

``SEC. 9043. PRESIDENTIAL PRIMARY DEBATE.

    ``(a) Additional Eligibility Requirements.--In addition to the 
requirements specified in section 9033, in order to be eligible to 
receive any payments under section 9037, the candidates for the office 
of President in a Presidential primary election shall agree in 
writing--
            ``(1) that the Presidential candidate will participate in 
        one Presidential primary debate with the other candidates 
        meeting the criteria set out in this section;
            ``(2) to participate in such Presidential primary debate, 
        which shall be held on or after January 15 of election year, 
        but at least one week before the first primary or caucus of the 
        election year;
            ``(3) to participate in one such Presidential primary 
        debate as sponsored by a nonpartisan organization or 
        organizations having no affiliation with any political party.
If on December 31 there are 6 or fewer candidates who are obligated to 
debate or who are eligible and wish to participate, then there should 
be 1 debate among the 6 or fewer candidates. If on December 31 there 
are more than 6 candidates obligated or eligible and wishing to 
participate, then there will be 2 debates, and the candidates would be 
obligated to participate in exactly 1, of their choice. If this formula 
should result in 1 of the debates having only 1 participant, then 
placement should be determined by lot. Each debate under this 
subsection shall last at least 90 minutes, of which not less than 30 
minutes shall be devoted to questions and answers or discussion 
directly between the candidates, as determined by the sponsor. The 
sponsor of the debates shall announce the time, location, and format of 
each debate prior to the first Monday of January of the election year.
    ``(b) Enforceability.--If the Commission determines that a 
Presidential candidate who has received payments under section 9037 
failed to participate in a primary debate under subsection (a) and was 
responsible at least in part for such failure, the candidate shall pay 
to the Secretary of the Treasury an amount equal to the amount of the 
payments made to such candidate under section 9037.
    ``(c) Criteria for Eligibility to Participate in Primary Debate.--
In order to be eligible to participate in primary debates, as set out 
in this section, a candidate must have qualified to receive payments 
under section 9033 and this section by January 1 of the election year.
    ``(d) Sponsoring Organizations.--Any sponsoring organization 
assuming responsibility for organizing the debates provided for in this 
section shall include in at least 1 debate, each primary candidate who 
meets the criteria in this section.''
    (b) Clerical Amendment.--The table of sections for chapter 96 of 
the Internal Revenue Code of 1986 is amended by adding at the end the 
following new item:

                              ``Sec. 9043. Presidential primary 
                                        debates.''

SEC. 4. PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATE DEBATES.

    Section 9003 of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new subsection:
    ``(e) Presidential and Vice Presidential Candidate Debates.--
            ``(1) Agreement to debate.--In addition to meeting the 
        requirements of subsection (a), (b), or (c), in order to be 
        eligible to receive any payments under section 9006, the 
        candidates for the office of President and Vice President in a 
        Presidential election shall agree in writing--
                    ``(A) that the Presidential candidate will 
                participate in not less than 2 Presidential general 
                election debates with all other candidates meeting the 
                criteria set out in this section;
                    ``(B) to participate in such Presidential debates, 
                1 of which shall be held in the month of September 
                before the Presidential election and 1 of which shall 
                be held in the month of October at least 2 weeks prior 
                to the election;
                    ``(C) that the Vice Presidential candidate will 
                participate in not less than 1 Vice Presidential 
                general election debate with all other candidates 
                meeting the criteria set out in this section;
                    ``(D) to participate in such debate, which shall be 
                held in the month of October between the 2 Presidential 
                debates; and
                    ``(E) to participate in such Presidential and Vice 
                Presidential debates as sponsored by a nonpartisan 
                organization or organizations having no affiliation 
                with any political party.
Each debate under this subsection shall last at least 90 minutes, of 
which not less than 30 minutes shall be devoted to questions and 
answers or discussion directly between the candidates, as determined by 
the sponsor. The sponsor of the debates shall announce the time, 
location, and format of each debate prior to the first Monday in 
September before the Presidential election.
            ``(2) Enforceability.--If the Commission determines that a 
        Presidential or Vice Presidential candidate failed to 
        participate in a general election debate under subsection (a) 
        and was responsible at least in part for such failure, the 
        candidate of the party involved shall pay to the Secretary of 
        the Treasury an amount equal to the amount of the payments made 
        to such candidate under section 9006.
            ``(3) Criteria for eligibility to participate in general 
        election debates.--In order to be eligible to participate in 
        general election debates, as set out in this section, a 
        candidate must meet the following criteria:
                    ``(A) Ballot qualifications.--Such candidate has 
                qualified for the election ballot as the candidate of a 
                political party or as an independent candidate to the 
                office of President or Vice President in not less than 
                40 States.
                    ``(B) Financial qualifications.--Such candidate--
                            ``(i) has qualified to receive payments 
                        under section 9033 and this section; or
                            ``(ii) as reported under section 304 of the 
                        Federal Election Campaign Act of 1971, has 
                        raised not less than $500,000 on or after 
                        January 1 of the calendar year immediately 
                        preceding the calendar year of the Presidential 
                        election.
            ``(4) Sponsoring organization.--Any sponsoring organization 
        shall include in the general election debates all candidates 
        who meet the criteria in this section.''

SEC. 5. TECHNICAL AMENDMENT.

    Section 9032(2)(A) of the Internal Revenue Code of 1986 is amended 
by inserting after ``election,'' the following: ``including, for 
independent or minor party candidates, initiating petition signature 
gathering activities to be placed on the ballot for the general 
election''.

                                 <all>