< Back to S. 1851 (100th Congress, 1987–1988)

Text of the Genocide Convention Implementation Act of 1987 (the Proxmire Act)

This bill was enacted after being signed by the President on November 4, 1988. The text of the bill below is as of Nov 4, 1988 (Passed Congress/Enrolled Bill).

PUBLIC LAW 100-606—NOV. 4, 1988                            102 STAT. 3045
Public Law 100-606
100th Congress
                                 An Act
To implement the International Convention on the Prevention and Punishment of     Nov. 4, 1988
                                  Genocide.                                        [S. 1851]
 Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,                  Genocide
SECTION 1. SHORT TITLE.                                                         Convention
                                                                                Implementation
   This Act may be cited as the "Genocide Convention Implementa-                Act of 1987 (the
tion Act of 1987 (the Proxmire Act)".                                           Proxmire Act).
                                                                                18 u s e 1091
SEC. 2. TITLE 18 AMENDMENTS.                                                    note.
  (a) IN GENERAL.—Part I of title 18, United States Code, is amended
by inserting after chapter 50 the following:
                  "CHAPTER 50A—GENOCIDE
"Sec
1091! Genocide.
1092. Exclusive remedies.
1093. Definitions.
"§ 1091. Genocide
   "(a) BASIC OFFENSE.—Whoever, whether in time of peace or in
time of war, in a circumstance described in subsection (d) and with
the specific intent to destroy, in whole or in substantial part, a
national, ethnic, racial, or religious group as such—
        "(1) kills members of that group;
        "(2) causes serious bodily injury to members of that group;
        "(3) causes the permanent impairment of the mental faculties
     of members of the group through drugs, torture, or similar
     techniques;
        "(4) subjects the group to conditions of life that are intended
     to cause the physical destruction of the group in whole or in
     part;
        "(5) imposes measures intended to prevent births within the
     group; or
        "(6) transfers by force children of the group to another group;
or attempts to do so, shall be punished as provided in subsection (b).
  "(b) PUNISHMENT FOR BASIC OFFENSE.—The punishment for an
offense under subsection (a) is—
        "(1) in the case of an offense under subsection (a)(1), a fine of
     not more than $1,000,000 and imprisonment for life; and
        "(2) a fine of not more than $1,000,000 or imprisonment for
     not more than twenty years, or both, in any other case.
  "(c) INCITEMENT OFFENSE.—Whoever in a circumstance described
in subsection (d) directly and publicly incites another to violate
subsection (a) shall be fined not more than $500,000 or imprisoned
not more than five years, or both.
  "(d) REQUIRED CIRCUMSTANCE FOR OFFENSES.—The circumstance
referred to in subsections (a) and (c) is that—

102 STAT. 3046 PUBLIC LAW 100-606—NOV. 4, 1988 "(1) the offense is committed within the United States; or "(2) the alleged offender is a national of the United States (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. HOD). "(e) NoNAPPLiCABiLiTY OF CERTAIN LIMITATIONS.—Notwithstand- ing section 3282 of this title, in the case of an offense under subsection (a)(1), an indictment may be found, or information in- stituted, at any time without limitation. "§ 1092. Exclusive remedies "Nothing in this chapter shall be construed as precluding the application of State or local laws to the conduct proscribed by this chapter, nor shall anything in this chapter be construed as creating any substantive or procedural right enforceable by law by any party in any proceeding. "§ 1093. Definitions "As used in this chapter— "(1) the term 'children' means the plural and means individ- uals who have not attained the age of eighteen years; "(2) the term 'ethnic group' means a set of individuals whose identity as such is distinctive in terms of common cultural traditions or heritage; "(3) the term 'incites' means urges another to engage im- minently in conduct in circumstances under which there is a substantial likelihood of imminently causing such conduct; "(4) the term 'members' means the plural; "(5) the term 'national group' means a set of individuals whose identity as such is distinctive in terms of nationality or national origins; "(6) the term 'racial group' means a set of individuals whose identity as such is distinctive in terms of physical characteris- tics or biological descent; "(7) the term 'religious group' means a set of individuals whose identity as such is distinctive in terms of common reli- gious creed, beliefs, doctrines, practices, or rituals; and "(8) the term 'substantial part' means a part of a group of such numerical significance that the destruction or loss of that part would cause the destruction of the group as a viable entity within the nation of which such group is a part.".
PUBLIC LAW 100-606—NOV. 4, 1988 102 STAT. 3047 (b) CLERICAL AMENDMENT.—The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 50 the following new item: "50A. Genocide 1091". Approved November 4, 1988. LEGISLATIVE HISTORY—S. 1851 (H.R. 4243): HOUSE REPORTS: No. 100-566 accompanying H.R. 4243 (Comm. on the Judiciary). SENATE REPORTS: No. 100-333 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 134 (1988): Apr. 25, H.R. 4243 considered and passed House. Oct. 14, S. 1851 considered and passed Senate. Oct. 19, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): Nov. 4, Presidential remarks.