11 1 "(d) All findings required to be made by this section 2 shall be made in writing, and shall include a statement of the 3 specific facts or circumstances upon which the finding is 4 based. 5 "(e) Failure to comply with the provisions of this section 6 shall not provide a defense in any criminal prosecution or 7 create any civil claim for relief. 8 "§ 3804. Tort claim arising out of illegal undercover oper 10 "(a) Any person who suffers injury to his person or 11 property, or death, which is caused by "(1) conduct which violates a Federal or State criminal statute, and which is committed by— "(A) a Federal employee, or by any person acting at the direction of or with the prior acquiescence of a Federal law enforcement agent, during the course of and in furtherance of a De partment of Justice undercover operation; or "(B) a Federal employee, or by any informant or other cooperating private individual, who was enabled to commit the conduct by his participation in a Federal undercover operation; or "(2) negligence on the part of Federal employees in the supervision or exercise of control over an under cover operation, S 804 IS 12 1 shall have a cause of action against the United States for 2 compensatory damages for such injury or death. No action 3 may be brought under this section for injury caused by oper4 ational or management decisions relating to the conduct of 5 the undercover operation. 6 "(b) The district courts shall have original jurisdiction of 7 all civil actions arising under this section. 8 "(c) The provisions of chapter 171 of title 28, United 9 States Code, shall apply to claims arising under this section. 10 "§ 3805. Annual report to Congress 11 "(a) The Attorney General shall annually submit to the 12 Senate Committee on the Judiciary and to the House Com13 mittee on the Judiciary a written report on all undercover 14 operations "(1) that were terminated during the preceding calendar year; "(2) that were terminated during any prior year and in which, during the calendar year preceding the report, the operations resulted in an arrest, an indictment, a jury verdict, a sentence, a judgment of dismiss al, a judgment of acquittal, or an appellate court decision; or "(3) that were first approved by the law enforcement component involved more than two years before the date of the annual report. S 804 IS 13 1 "(b) The annual report shall include the following infor 2 mation for each undercover operation: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 "(1) the date on which initiation of the operation was approved under the undercover guidelines; "(2) the name and position of the ranking person who granted approval to initiate the operation; "(3) the number of Federal law enforcement agents who worked as undercover agents in the operation during each year of the existence of the operation; "(4) each date on which an extension of time, increase of funds, or expansion of geographic or subject matter scope of the operation was approved under the undercover guidelines; "(5) the name and position of each ranking person who approved each extension of time, increase of funds, or expansion of geographic or subject matter scope of the operation under the undercover guidelines; "(6) the date on which termination of the operation was approved under the undercover guidelines; "(7) the name and position of the ranking person who approved the termination of the operation; "(8) the date on which the operation terminated and the manner in which termination was effected, in 14 1 2 3 4 5 6 7 8 9 10 11 121 13 14 15 16 17 18 19 cluding the manner in which the operation was made known to the news media; "(9) the arrests made in the operation during each year of the operation, including the identity of each person arrested and each crime for which he was arrested; "(10) the indictments issued as a result of the operation during each year of the operation, including the identity of each person indicted and each crime for which he was indicted; "(11) the expenses incurred, other than for salaries for employees of the United States Government, in the operation in each calendar year preceding the report; and "(12) a description of each jury verdict, sentence, judgment of dismissal, judgment of conviction, and ap pellate court decision rendered or imposed as a result of the operation.". (b) The table of chapters for part II of title 18, United 20 States Code, is amended by adding at the end thereof the SEC. 3. (a) Chapter 1 of title 18, United States Code, is 23 amended by adding at the end thereof the following: S 804 IS 15 1 "8 16. Entrapment 2 "(a) It shall be an affirmative defense to a prosecution 3 under any Federal statute that a Federal law enforcement 4 agent, or a private party acting under the direction of or with 5 the prior approval of Federal law enforcement authorities, 6 induced the defendant to commit an offense, and that the 7 inducement was accomplished using methods that more likely 8 than not would have caused a normally law-abiding citizen to 9 commit a similar offense. 10 "(b) The defense provided by this section shall be 11 deemed to have been established by a showing that the de12 fendant committed the offense because a law enforcement 13 agent, or a private party acting under the direction of or with 14 the prior approval of law enforcement authorities "(1) threatened harm to the person or property of any individual; "(2) manipulated the personal, economic, or vocational situation of the defendant with the purpose and effect of increasing the likelihood of his committing that offense; or "(3) provided goods or services that were necessary to the commission of the crime and that the de fendant could not have obtained without Government participation. 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