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engage in a criminal act, there shall be a finding that

there is reasonable suspicion that the individual has engaged, is engaging, or is likely to engage in criminal activity.

"(2) When the operation is intended to obtain information about particular specified types of criminal acts, or generally to offer unspecified persons an opportunity or inducement to engage in criminal acts, there shall be a finding that there is reasonable suspicion that the operation will detect past, ongoing, or planned criminal activity of that specified type. If, during the

course of such an operation, agents of the law enforce

ment component wish to offer to a specific individual who is identified in advance of the offer an inducement

to engage in a criminal act, they may do so only upon a finding that there is a reasonable suspicion that the targeted individual has engaged, is engaging, or is likely to engage in criminal activity.

"(3) When a Government agent, informant, or cooperating individual will infiltrate any political, govern

21 mental, religious, or news media organization or entity,

there shall be a finding that there is probable cause to

believe that the operation is necessary to detect or to

prevent specific acts of criminality.

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"(4) When a Government agent, informant, or cooperating individual will pose as an attorney, physi

cian, clergyman, or member of the news media, and

there is a significant risk that another individual will enter into a confidential relationship with that person,

there shall be a finding that there is probable cause to believe that the operation is necessary to detect or prevent specific acts of criminality.

9 "(b) All findings required to be made by subsection (a) 10 shall be made by the Undercover Operations Review Com11 mittee for the appropriate law enforcement component, fol12 lowing procedures to be specified in the guidelines for such 13 component which have been promulgated pursuant to this 14 chapter. However, such guidelines may authorize findings of 15 reasonable suspicion, as required by subsections (a)(1) and 16 (a)(2), to be made by the head of the field office in charge, 17 following procedures specified in such guidelines, if such a 18 finding of reasonable suspicion is accompanied by a finding 19 that none of the following circumstances are present or can 20 reasonably be expected to materialize during the course of 21 the undercover operation:

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"(1) the undercover operation will involve an investigation of possible corrupt action by a public official or political candidate, the activities of a foreign govern

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ment, the activities of a religious or political organiza

tion, or the activities of the news media;

"(2) the undercover operation will involve untrue

representations by an undercover employee or cooperating private individual concerning the activities or involvement of an innocent person;

"(3) an undercover employee or cooperating private individual will engage in any activity that is proscribed by Federal, State, or local law as a felony or that is otherwise a serious crime except for activity involving criminal liability for the purchase of stolen or contraband goods or for the making of false representations to third parties in concealment of personal identi

ty or the true ownership of a proprietary;

"(4) an undercover employee or cooperating pri

16 vate individual will seek to supply an item or service

that would be reasonably unavailable to criminal actors but for the participation of the Government;

"(5) an undercover employee or cooperating pri

vate individual will run a significant risk of being arrested and seeking to continue in an undercover capacity;

"(6) an undercover employee or cooperating private individual will be required to give sworn testimo

ny in any proceeding in an undercover capacity;

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"(7) an undercover employee or cooperating private individual will attend a meeting between a subject

of the investigation and his lawyer;

"(8) an undercover employee or cooperating private individual will pose as an attorney, physician, clergyman, or member of the news media, and there is a significant risk that another individual will be led into a professional or confidential relationship with the undercover employee or cooperating private individual as a result of the pose;

"(9) a request for information will be made by an

12 undercover employee or cooperating individual to an

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attorney, physician, clergyman, or other person who is

14 under the obligation of a legal privilege of confidential

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ity, and the particular information would ordinarily be

privileged;

"(10) a request for information will be made by an undercover employee or cooperating private individual to a member of the news media concerning any individual with whom the newsman is known to have a professional or confidential relationship;

"(11) the undercover operation will be used to infiltrate a group under investigation as part of a domes

tic security investigation, or to recruit a person from

within such a group as an informant; and

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"(12) there may be a significant risk of violence

or physical injury to individuals or a significant risk of financial loss to an innocent individual.

"(c) Notwithstanding the provisions of subsection (b),

5 the guidelines for a law enforcement component may provide 6 that, when

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"(1) the initiation, expansion, extension, or renewal of an undercover operation is necessary to protect

life or to prevent other serious harm; and

"(2) exigent circumstances make it impossible, before the harm is likely to occur, to obtain the authorization that would otherwise be required,

13 the head of the field office in charge may approve the oper14 ation upon his finding that the applicable requirements of 15 subsection (a) have been met. A written application for ap16 proval must then be forwarded, together with the initial find17 ing and a written description of the exigent circumstances, to 18 the appropriate Undercover Operations Review Committee 19 at the earliest possible opportunity, and in any event within 20 forty-eight hours of the initiation, expansion, extension, or 21 renewal of the operation. If the subsequent written applica22 tion for approval is denied, a full written report of all activity 23 undertaken during the course of the operation must be sub24 mitted to the head of the component and to the Attorney 25 General.

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