I
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Democracy in Presi-
dential 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 para-
graphs:
‘‘(13) The term ‘Presidential primary debate’
means a debate held prior to the first Presidential
primary or caucus in which each candidate who re-
ceives primary matching funds is mandated to ap-
pear 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 elec-
tion to the office of President by a political party or
as an independent candidate meeting the qualifica-
tions 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 Reve-
nue 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 Presi-
dential primary election shall agree in writing—
‘‘(1) that the Presidential candidate will partici-
pate 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 pri-
mary debate as sponsored by a nonpartisan organi-
zation 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 par-
ticipate, 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 deter-
mined 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 deter-
mines that a Presidential candidate who has received pay-
ments under section 9037 failed to participate in a pri-
mary 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 de-
bates provided for in this section shall include in at least