Anti-Drug and Crime Initiatives Act of 1990

Anti-Drug and Crime Initiatives Act of 1990 - Sets forth guidelines for the interdiction of airborne drug traffickers, including the use of force.

Amends the Foreign Assistance Act of 1961 to: (1) exclude from applicability of the prohibition against training police forces of foreign governments the provision of assistance to civilian law enforcement forces engaging in activities directed against illicit narcotic production or trafficking; and (2) specify conditions for a presidential certification of narcotics control compliance with respect to a country which is a major illicit drug producing country because of its coca production. Provides funding for eradicating illicit coca.

Requires the Director of National Drug Control Policy to appoint a commander for each Anti-Drug Joint Task Force to coordinate drug interdiction activities.

Requires the U.S. Sentencing Commission to promulgate or amend the sentencing guidelines to assure a minimum of ten years' imprisonment for: (1) serious violent crimes against a person who has attained age 65; and (2) offenses involving the sexual abuse or exploitation, or kidnapping, of a person under age 18. Amends the Federal criminal code to set a minimum sentence of ten years' imprisonment for rape.

Amends the Controlled Substances Act to increase penalties for certain drug offenses involving children, including distribution to minors, distribution near schools, and employing children in distribution activities.

Establishes mandatory minimum sentences for certain firearms violations, including the possession or discharge of a firearm during and in relation to a drug-related felony.

Increases penalties for possession of contraband in prison.

Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes.

Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely.

Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death.

Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury.

Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt.

Sets forth special aggravating factors for cases involving the death of a victim, drug trafficking, and espionage and treason. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors.

States that no person who was under 18 years of age at the time of the offense may be sentenced to death.

Requires the court to instruct the jury not to consider the race, color, religious beliefs, national origin, or sex of the defendant or of any victim in its consideration of the sentence.

Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) the information supports the finding of every aggravating factor upon which sentence was based, together with any mitigating factors. Requires the court to provide a written explanation of its determination. Provides for representation by counsel for a defendant who is, or becomes, financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services before or after judgment. Sets qualifications and provides for compensation of attorneys and the setting of specified fees and expenses.

Sets forth procedures for the implementation of the sentence of death.

Prohibits requiring any employee of any State department of corrections or the Federal Bureau of Prisons and any employee providing services to that department or bureau under contract to participate in any execution against his or her moral or religious convictions.

Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death.

Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire"; (6) murder in the aid of a racketeering activity; and (7) international terrorism (where the killing is a first degree murder).

Authorizes the Attorney General to: (1) construct and operate up to ten additional prisons for use by Federal, State, and local authorities; (2) contract with nongovernmental entities for the construction, operation, lease, and lease-purchase of authorized correctional facilities; and (3) establish temporary correctional facilities. Requires the Director of the Bureau of Prisons to examine Federal prison construction standards and specifications and recommend cost-saving measures.

Requires the transfer of excess military property appropriate for conversion and use as a correctional facility.

Directs the Federal courts: (1) in any case or controversy in which a claim that crowded prison conditions constitute cruel and unusual punishment, not to consider the fact that the prison's population exceeds the limit established for such prison as dispositive of the issue; and (2) to limit the functions of any special master appointed to supervise implementation of a court order with respect to a prison or jail found to harbor conditions constituting cruel and unusual punishment and to deny the special master general authority to interfere in the management of the prison or jail.

Shifts the burden of proof from the United States to the person convicted of a controlled substance felony with respect to establishing the source of the property of such person.

Amends the Anti-Drug Abuse Act of 1988 to remove discretion from the courts and thus make mandatory the denial of all Federal benefits for a fixed term after a conviction for distribution or possession of a controlled substance.

Amends the Higher Education Act of 1965 to set deadlines for: (1) the publication of regulations for and the periodic review of drug and alcohol abuse prevention programs; and (2) report to the Congress on the number of institutions of higher education subjected to determinations to terminate financial assistance and on the outcomes of appeals, under such Act.

Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, with respect to any program that authorizes grants, cooperative agreements, or contracts for providing drug abuse treatment, to deny: (1) financial assistance unless the applicant agrees to specified conditions, such as providing frequent drug testing; and (2) a request by an individual for admission to the program of treatment under specified conditions, such as certain previous dismissals from, or completion of, the program.

Prohibits the Secretary of Transportation from providing certain financial assistance under the Urban Mass Transportation Act of 1964 to any applicant who has not entered into an agreement to implement a program to: (1) detect use of any controlled substance by employees whose job performance affects public safety; and (2) provide treatment for, and impose penalties upon, such individual when use of any controlled substance is detected.

Mandates that a portion of Federal highway funds be withheld from States that do not have in effect a law which provides for immediate suspension for at least 180 days of drivers' licenses of persons convicted of a drug offense and for such suspension to remain in effect until such individual has successfully completed a drug treatment program as defined under regulations issued by the Secretary of Transportation.

Sets forth provisions for determining the period of availability of withheld funds and the disposition of such funds in cases of noncompliance with such requirement.

Amends rule X of the Rules of the House of Representatives to establish the Committee on Drug Abuse and Control. Terminates the Select Committee on Narcotics Abuse and Control.

Amends the Federal criminal code to: (1) require the Bureau of Prisons to give advance public notification of the early release of a prisoner; and (2) authorize the Bureau to place in a shock incarceration program any person who is sentenced to a term of imprisonment of 12 to 30 months, if such person consents.

Requires an inmate in such program, for up to six months of initial imprisonment, to: (1) adhere to a highly regimented schedule that provides the strict discipline, physical training, hard labor, drill, and ceremony characteristic of military basic training; and (2) participate in appropriate educational, drug, and other counseling programs.

Specifies that an inmate who has successfully completed the required period of shock incarceration shall remain in the custody of the Bureau for such period (not to exceed the remainder of the prison term otherwise required) and under such conditions as the Bureau deems appropriate.

Amends the Federal criminal code to require the Bureau of Prisons to test each prisoner due to be released sufficiently prior to that time to assure that the prisoner will be drug-free upon release.

Directs the Secretary of the Treasury to issue Drug War Bonds to fund the Anti-Drug Abuse Act of 1988 and to buy, redeem, and make refunds under such Act.

Amends the Internal Revenue Code to establish the War on Drugs Trust Fund. Transfers to such Fund proceeds from the sale of Drug War Bonds.

Requires the Attorney General to study and report to the Congress on the advisability of establishing an anti-gang unit in the Department of Justice.

Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded in a Federal proceeding if the search or seizure was undertaken in an objectively reasonable belief that it was in conformity with the fourth amendment to the U.S. Constitution. States that evidence obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of such a reasonable belief (unless the warrant was obtained through intentional and material misrepresentation).

States that, except as provided by statute or a rule of procedure, evidence which is otherwise admissible shall not be excluded on the ground that the evidence was obtained in violation of a law, rule, or regulation.

Amends the Federal judicial code to condition consideration of a habeas corpus claim by a State prisoner on a showing of actual prejudice resulting from the denial of a Federal right, and that: (1) State action precluded assertion of the right; (2) the Federal right asserted was newly recognized; (3) the factual basis of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default; or (4) a constitutional violation asserted in the claim probably resulted in a factually erroneous conviction or a sentence predicated on an erroneous factual determination.

Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners.

Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals.

Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies.

Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Provides that appointment of counsel for a movant who is or becomes financially unable to afford counsel shall be in the discretion of the court, with exceptions.

Sets forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel.

Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent.

Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed.

Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions.

Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it.

Makes the requirement for a certificate of probable cause inapplicable, with an exception.

Amends the Drug-Free Schools and Communities Act of 1986 to authorize the Secretary of Education to award grants to local education agencies, in consortium with entities which meet specified requirements, to provide drug abuse resistance education to students in kindergarten through grade six.

Authorizes appropriations.

Directs the President to: (1) appoint certain additional Federal circuit and district court judges; (2) modify certain existing judicial tenures; and (3) modify geographic aspects of specified existing judgeships.

Requires specified Federal agencies, including the U.S. Attorney General and the Securities and Exchange Commission, to: (1) take appropriate action to coordinate access by the Financial Crimes Enforcement Network (FINCEN) to each agency's data relevant to investigations and prosecutions of money laundering and other financial crimes and for other criminal, tax, and regulatory proceedings; (2) establish procedures within such agency for providing FINCEN with appropriate information on a timely basis; and (3) establish appropriate programs for training agency employees in FINCEN operations.

Requires the Secretary of the Treasury to establish: (1) safeguards on the collection and use of information by FINCEN to ensure proper use and protect privacy; and (2) operating procedures which provide standards or guidelines for determining who shall have access to systems information, what limits shall be imposed on the use of such information, and how information about activities which involve the exercise of constitutional rights shall be screened out of the system.

Authorizes appropriations.