Genocide Convention Implementation Act of 1987 (the Proxmire Act)
PL 100-606 (S.1851), enacted 11/04/1988

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 
Genocide. 
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 "Genocide Convention Implementa-
tion Act of 1987 (the Proxmire Act)". 
SEC. 2. TITLE 18 AMENDMENTS. 
(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— 
Nov. 4, 1988 
[S. 1851] 
Genocide 
Convention 
Implementation 
Act of 1987 (the 
Proxmire Act). 
18 u s e 1091 
note. 
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.