National Drug Control Strategy Implementation Act of 1990

National Drug Control Strategy Implementation Act of 1990 - Title I: Drug Testing, Funding Programs, and Treatment - Subtitle A: Drug Testing and Treatment - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to prohibit Federal assistance to any State that has not implemented a drug testing program for targeted classes of arrestees, prisoners, and persons on conditional or supervised release before or after conviction. Directs the Attorney General to promulgate regulations for such programs, based in part on scientific and technical standards determined by the Secretary of Health and Human Services to ensure the reliability and accuracy of test results. Specifies that such regulations may include guidelines or specifications concerning: (1) the classes of persons to be targeted for testing; (2) the drugs to be tested for; (3) the frequency and duration of testing; and (4) the effect of test results in decisions concerning the sentence, conditions to be imposed on release before or after conviction, and the granting, continuation, or termination of such release. Amends the Public Health Service Act to: (1) prohibit States receiving Alcohol, Drug Abuse, and Mental Health Services Block Grant funding from reducing State expenditures for drug abuse-related activities below the average of such expenditures for the preceding two years; and (2) authorize the Secretary of Health and Human Services to waive such prohibition under extraordinary conditions. Requires States to develop and submit to the Secretary annually for review and approval a Statewide Drug Abuse Treatment Plan. Amends the Omnibus Act to increase the cap on discretionary grants under the Drug Control and System Improvement Grant Program. Subtitle B: Drug-Testing of Defendants on Post-Conviction Release - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Provides for revocation of supervised release by a defendant placed on parole, probation, or post-imprisonment release if such defendant unlawfully uses a controlled substance or refuses to cooperate in drug testing. Title II: Sanctions for Failure to Land or to Bring To - Makes it unlawful for the pilot, operator, or person in charge of any aircraft which has crossed the U.S. border or is subject to U.S. jurisdiction operating outside the United States to refuse to obey the order of an authorized Federal law enforcement officer to land in cases involving enforcement of controlled substances or money laundering laws. Sets forth analogous provisions with respect to vessels. Establishes penalties for violation of such provisions. Specifies that any vessel or aircraft used in such a violation may be seized and forfeited. Amends the Federal Aviation Act of 1958 to require: (1) revocation of the registration certificate of an aircraft that refuses to land when ordered to do so by a law enforcement officer; and (2) the Administrator of the Federal Aviation Administration to establish procedures for the owner of the aircraft to show cause why the factual predicate did not exist to trigger the revocation of the registration or why it would be in the public interest to issue a new certificate of registration to be effective concurrent with the revocation which occurred by operation of law. Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests with respect to violations of U.S. laws occurring aboard any aircraft over the high seas and waters over which the United States has jurisdiction. Specifies the method by which orders to land an aircraft must be communicated. Establishes a civil penalty for failure to comply with a lawful boarding or order to land. Amends the Tariff Act of 1930 to: (1) authorize U.S. Customs officers to exercise their enforcement authority outside of the United States, including any location in which Customs officers are permitted to conduct inspections, examinations, or searches; and (2) provide civil penalties for failure of an aircraft to comply with Customs officer orders to land or bring to and Tariff Act provisions regarding the boarding of vessels. Title III: Drug Paraphernalia Amendment - Amends the Anti-Drug Abuse Act of 1986 to provide that criminal forfeiture of drug paraphernalia will be accomplished in accordance with procedures applicable to other criminal forfeiture provisions of the Controlled Substances Act. Authorizes the Attorney General to bring a civil action and to seek injunctive relief and authorizes the court to assess a civil penalty of up to $100,000 for violations of the paraphernalia statute. Provides for civil forfeiture of drug paraphernalia, other property involved, and property traceable to property involved in a violation of criminal forfeiture provisions. Title IV: International Narcotics Control - Amends the Foreign Assistance Act of 1961 (FAA) to: (1) authorize the President to provide narcotics-related assistance to Bolivia, Colombia, and Peru; and (2) make funds available under such Act and the Arms Export Control Act for training and equipment for law enforcement agencies or other units in such countries organized for the specific purpose of narcotics enforcement. Waives during FY 1991 provisions of the FAA and similar provisions relating to limitations on assistance to countries in default on obligations owed to the United States with respect to narcotics-related assistance for a country which is a major illicit drug-producing country because of its coca production. Authorizes the President to provide assistance under the FAA to promote the production, processing, and marketing of products which can be produced economically in such countries in order to reduce dependence upon the production of crops from which narcotic and psychotropic drugs are derived. Revises certain narcotics-related provisions of the FAA to: (1) authorize the use of funds for international narcotics control for defensive arming of U.S.-title aircraft used in narcotics control eradication or interdiction efforts and for personnel and agents participating in such efforts; and (2) make an exception to the provision requiring the President to withhold 50 percent of the assistance authorized and appropriated for a major drug-producing or drug-transit country pending the March 1 certification of narcotics cooperation if he determines that application of such provision would be contrary to the national interest. Restricts to aircraft procured with funds authorized to be appropriated by the International Narcotics Control chapter of the FAA the current provision that any aircraft made available to a foreign country shall be provided only on a lease or loan basis. Allows the President to waive the requirement when he determines that it is in the national interest to do so and so informs the Congress. Permits the assigning of more than six members of the armed forces to Military Assistance Groups in Bolivia and Peru. Continues for FY 1991 the waiver of the requirement under the FAA to withhold 50 percent of annual foreign aid to major drug-transit countries which meet specified requirements, such as cooperation with the United States in achieving anti-narcotics objectives. Amends the Federal criminal code to authorize the Secretary of State to order the surrender to a foreign country of a U.S. citizen whose extradition has been requested by such country even if the terms of the applicable treaty or convention do not obligate the United States to extradite its citizens. Amends the Export-Import Bank Act of 1945 to extend the Export-Import Bank's authority to finance sales of defense articles and services for anti-narcotics purposes to September 30, 1992 (currently, expires September 30, 1990). Title V: Death Penalty for Drug Kingpins and Other Crime Control Provisions - Subtitle A: Capital Punishment for Drug Kingpins and Related Offenders - Drug Kingpin Death Penalty Act of 1990 - Provides for imposition of the death penalty for those: (1) subject to mandatory life imprisonment for committing a federal drug felony as part of a continuing criminal enterprise; (2) convicted of committing such a felony as part of a continuing criminal enterprise where the defendant is a principal administrator, organizer, or leader of such an enterprise and, in order to obstruct the investigation or prosecution of the enterprise, attempts or conspires to kill any public officer, juror, witness, or family or household member of such a person; and (3) who, intending to cause death or acting with reckless disregard for human life, engage in a Federal drug felony resulting in the death of another person. Sets forth mitigating factors (such as whether the defendant's mental capacity to appreciate the wrongfulness of his or her conduct or to conform such conduct to the requirements of the law was significantly impaired, the defendant was under unusual or substantial duress, or the defendant was an accomplice whose participation in the offense was relatively minor) and aggravating factors (such as prior convictions of offenses for which a death sentence or life imprisonment was authorized, prior convictions of two or more violent or drug offenses, certain weapons offenses, the use of minors in trafficking, and lethal adulteration of a controlled substance) in determining whether a sentence of death is justified. Sets forth procedures for a special hearing to determine whether a sentence of death is justified. Requires the court to instruct the jury that, in considering whether a sentence of death is justified, it shall not consider the race, color, religious beliefs, national origin, or sex of the defendant or any victim. Requires the court to impose a sentence of death if the jury (or if there is no jury, the court) returns a recommendation of the death penalty. Sets forth procedures for review and implementation of a sentence of death. Specifies that: (1) a sentence of death may not be carried out upon a person who lacks the mental capacity to understand the death penalty and why it was imposed or upon a pregnant woman; and (2) no employee of any State department of corrections or the Federal Bureau of Prisons and no employee providing services to that department or bureau under contract shall be required to participate in any execution if contrary to such employee's moral or religious convictions. Provides for appointment of counsel in Federal capital cases for indigent defendants. Sets standards for competence of counsel. Specifies that Federal law does not create appointment of counsel requirements in State capital cases other than those imposed by the Constitution. Specifies that appointment of counsel in the Federal habeas corpus review of State capital cases is discretionary. Subtitle B: Protection of Witnesses, Jurors, and Court Officers - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title VI: Justice System Improvements - Subtitle A: INS System Improvements - Amends the Immigration and Nationality Act to: (1) grant agents and officers of the Immigration and Nationalization Service (INS) authority to carry a firearm, make arrests, and perform other law enforcement duties that the Attorney General may designate; and (2) expand the definition of "aggravated felony" to include crimes of physical or threatened force against the person or property of another that is punishable by imprisonment of five years or more and felonies involving controlled substances. Makes ineligible to receive visas and bars from entry into the United States: (1) nonimmigrant aliens seeking admission who are in illicit possession of a controlled substance; and (2) aliens who have committed aggravated felonies. Authorizes the Attorney General to summarily exclude and deport such aliens. Makes alien aggravated felons ineligible for political asylum, hardship waivers, or deportation relief. Subtitle B: Amendments Concerning Records of Crimes Committed by Juveniles - Requires that juveniles found guilty of specified serious crimes be fingerprinted and photographed and that such information and records of the adjudication be sent to the Federal Bureau of Investigation. Authorizes reporting, retention, disclosure, and availability of juvenile records permitted under the law of the State in which a Federal juvenile proceeding takes place. Repeals provisions that authorize prejudgment probation for certain drug offenders convicted of possession of a controlled substance and require expungement of records for such offenders under 21 years of age at the time of the offense. Subtitle C: Narcotics-Related Public Corruption - Specifies that any: (1) public official who corruptly demands, seeks, or accepts anything of value in return for being influenced in the performance or non-performance of an official act or influenced to commit or aid in committing any Federal or State offense shall be guilty of a class B felony; and (2) person who corruptly gives, offers, or promises anything of value to a public official (or offers to give anything of value to any other person) with intent to influence any official act or to influence such public official to commit a Federal or State offense or to do or omit any act in violation of such official's lawful duty shall be guilty of a class B felony. Grants Federal jurisdiction over such an offense if it involves, is part of, or is intended to further or conceal the illegal possession, importation, manufacture, transportation, or distribution of a controlled substance or controlled substance analogue. Subtitle D: Other Justice Improvements - Amends the Omnibus Act to authorize the use of funds for innovative intermediate sanctions programs in combination with drug testing, including boot camps, house arrest, electronic monitoring, intensive supervision, and community service. Amends the Tariff Act of 1930 to provide that in certain situations involving failure to declare illegal importation of small quantities of drugs, the penalty will be a minimum of $500. Increases penalties for drug trafficking in Federal prisons. Authorizes funding for undercover operations by the Department of the Treasury. Title VII: Amendments Related to Asset Forfeiture and Money Laundering - Subtitle A: Special Forfeiture Fund - Sets forth provisions with respect to the transfer of appropriations from the Department of Justice Assets Forfeiture Fund to the Special Forfeiture Fund. Authorizes such transfers on a quarterly basis (currently, at the end of each fiscal year). Subtitle B: Forfeiture Amendments - Provides that substitute assets will be forfeited by an intermediary who does not retain the laundered property if that person participates in three or more transactions involving $100,000 or more in a 12-month period. Amends the Anti-Smuggling Act of 1935 to subject trucks and private automobiles to seizure if there is a concealed compartment, whether or not there is contraband or narcotics residue. Subtitle C: Money Laundering Amendments - Amends the Anti-Drug Abuse Act of 1988 to continue the $10,000 cash transaction reporting requirement for another two years. Amends the Right to Financial Privacy Act of 1978 (RFPA) to authorize the transfer of certain financial records to another agency if the transferring agency has reason to believe that the records are relevant to a matter within the jurisdiction of, or appropriate for analysis by, the receiving agency for law enforcement purposes. Prohibits the disclosure of the existence or terms of a geographic targeting order. Makes the RFPA inapplicable to a financial institution providing information that it has reason to believe may be relevant to a Bank Secrecy Act violation. Exempts from liability a financial institution that: (1) ceases to do business with a customer because of suspicious transactions; and (2) discloses in good faith information and records relating to a customer violation of the Bank Secrecy Act. Authorizes the warrantless search of outgoing mail at U.S. borders by the U.S. Customs Service when a customs officer has reasonable cause to suspect that there are monetary instruments being transported in such a letter. Title VIII: Miscellaneous and Technical Amendments - Makes technical and clarifying amendments to the Federal criminal code and other Federal statutes. Amends the Internal Revenue Code to establish certain money laundering offenses as felony (currently, misdemeanor) offenses punishable by up to five years' imprisonment. Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial federal interest in the case that justifies adult prosecution. Authorizes the disclosure of cable television subscriber information to a Federal grand jury. Adds certain predicate offenses relating to financial institutions to the Federal money laundering statute. Amends the Anti-Drug Abuse Act of 1988 to permit an arrest warrant to be issued for a foreign fugitive about to enter the United States. Authorizes: (1) the disclosure of grand jury information for use in connection with civil forfeiture proceedings; (2) the use of a search warrant to obtain the contents of a stored wire communication; (3) State government personnel to assist in conducting court-authorized interceptions; and (4) the Director of the Office of National Drug Control Policy to transfer funds to agencies responsible for carrying out the National Drug Program.