the Secretary, except that the head of such an ele-
ment, department, agency, or other entity may dis-
seminate an analytic product or conclusion without 
the Secretary’s approval—
‘‘(A) when and to the extent that exigent 
circumstances require that a specific analytic 
product or conclusion be disseminated in order 
to prevent, preempt, or disrupt an imminent 
threat of death or serious bodily injury or sig-
nificant damage to United States persons, in-
frastructure or other interests; or 
‘‘(B) when it is necessary to share an ana-
lytic product or conclusion with Federal, State, 
and local law enforcement officials relating to a 
law enforcement activity, if—
‘‘(i) the Department is provided, as 
soon as feasible, notice of the potential of 
such a communication and is, to the extent 
practicable, included in the development of 
such communication through the Depart-
ment’s liaison at the headquarters of the 
Federal Bureau of Investigation; and 
‘‘(ii) the Secretary must approve any 
further dissemination of such analytic 
product or conclusion to non-law enforce-
ment State and local officials, the private 
sector, or the public. 
‘‘(2) When an analytic product or conclusion is 
disseminated pursuant to paragraph (1)(A), the Sec-
retary and the appropriate entities or officials in 
other United States Government agencies shall be 
notified immediately of that dissemination.’’. 
(2) DEFINITION.—Subsection (g) of such sec-
tion (as redesignated by paragraph (1)(A)) is 
amended by adding at the end the following new 
paragraph: 
‘‘(5) ANALYTIC
PRODUCT
OR
CONCLUSION.—
The term ‘analytic product or conclusion’ means any 
product of the analysis of one or more pieces of 
homeland security information in which inferences 
have been drawn from such information to arrive at 
a determination about a fact (including a potential 
threat) that was not explicit or apparent on the face 
of the information itself, but does not include mere 
summaries of homeland security information.’’. 
SEC. 6. IAIP PERSONNEL RECRUITMENT. 
(a) IN GENERAL.—Chapter 97 of title 5, United 
States Code, is amended by adding after section 9701 the 
following:
‘‘§ 9702. Recruitment bonuses 
‘‘(a) IN GENERAL.—Notwithstanding any provision 
of chapter 57, the Secretary of Homeland Security, acting 
through the Under Secretary for Information Analysis and 
Infrastructure Protection, may pay a bonus to an indi-
vidual in order to recruit such individual for a position 
that—
‘‘(1) is within the Directorate for Information 
Analysis and Infrastructure Protection; and 
‘‘(2) would otherwise be difficult to fill in the 
absence of such a bonus. 
‘‘(b) BONUS AMOUNT.—
‘‘(1) IN
GENERAL.—The amount of a bonus 
under this section shall be determined under regula-
tions of the Secretary of Homeland Security, but 
may not exceed 50 percent of the annual rate of 
basic pay of the position involved. 
‘‘(2) FORM OF PAYMENT.—A bonus under this 
section shall be paid in the form of a lump-sum pay-
ment and shall not be considered to be part of basic 
pay. 
‘‘(3) COMPUTATION
RULE.—For purposes of 
paragraph (1), the annual rate of basic pay of a po-
sition does not include any comparability payment 
under section 5304 or any similar authority.
‘‘(c) SERVICE AGREEMENTS.—Payment of a bonus 
under this section shall be contingent upon the employee 
entering into a written service agreement with the Depart-
ment of Homeland Security. The agreement shall in-
clude—
‘‘(1) the period of service the individual shall be 
required to complete in return for the bonus; and 
‘‘(2) the conditions under which the agreement 
may be terminated before the agreed-upon service 
period has been completed, and the effect of the ter-
mination. 
‘‘(d) ELIGIBILITY.—A bonus under this section may 
not be paid to recruit an individual for—
‘‘(1) a position to which an individual is ap-
pointed by the President, by and with the advice and 
consent of the Senate; 
‘‘(2) a position in the Senior Executive Service 
as a noncareer appointee (as defined in section 
3132(a)); or 
‘‘(3) a position which has been excepted from 
the competitive service by reason of its confidential, 
policy-determining, policy-making, or policy-advo-
cating character. 
‘‘(e) TERMINATION.—The authority to pay bonuses 
under this section shall terminate on September 30, 2007.