Foreign Service Optimization Act of 2016

“(3)

“(A) In making assignments under paragraph (1), and in accordance, with section 903, and, if applicable, section 503, the Secretary shall assure that, except as provided in subparagraph (B), a member of the Service serves at a post for a period of not fewer than four consecutive years and not more than six consecutive years.

“(B) In the case of an unhealthful post (as such term is described in section 817), including war, armed conflict, civil strife, or similar hardship or other extreme condition, or in the case of a first tour of duty or, as determined by the Secretary, other exigent circumstance, the Secretary may reduce the period of assignment specified in subparagraph (A) by issuing a written waiver. The Secretary shall annually submit to Congress a report on any such reductions made pursuant to this subparagraph, including an explanation of the reasons therefor.

“(4) In making assignments under paragraph (1), and in accordance with paragraph (3), the Secretary shall assure that members of the Service who have demonstrated a useful knowledge of the principal languages or dialects of the countries in which the posts are located to which such members are assigned, such members are assigned to two consecutive tours of duty.”

“1624. Tour of duty of members and civilians assigned to defense attaché offices

“(a) Members—The tour of duty of a member of the armed forces serving as a defense attaché shall be not less than four years and not more than six years.

“(b) Civilian employees—A civilian employee of the Defense Intelligence Agency assigned to a Defense Attaché Office outside the United States shall be assigned to such office for a period that is not less than four years and not more than six years.

“(c) Waiver

“(1) The Secretary of Defense may issue a written waiver to reduce a tour of duty under subsection (a) or a period of assignment under subsection (b) if—

“(A) the tour of duty or assignment is at a location the Secretary of State has determined is an unhealthful post (as such term is described in section 817 of the Foreign Service Act of 1980 (22 U.S.C. 4057)), including by reason of war, armed conflict, civil strife, or similar hardship or other extreme condition;

“(B) such tour of duty is the first tour of duty of a member serving a defense attaché or such period of assignment is the first period of assignment of a civilian employee of the Defense Intelligence Agency assigned to a Defense Attaché Office outside the United States, as the case may be; or

“(C) the Secretary of Defense otherwise determines the waiver appropriate for exigent circumstances.

“(2) The Secretary shall annually submit to Congress a report on any waivers issued pursuant to paragraph (1), including an explanation of the reasons therefor.

“(d) Consecutive tours—If a member of the armed forces serving as a defense attaché or a civilian employee of the Defense Intelligence Agency assigned to a Defense Attaché Office outside the United States demonstrates a useful knowledge of the principal language or dialect of the country in which the Defense Attaché Office is located to which such member or employee is assigned, the Secretary may assign the member or the employee, as the case may be, to two consecutive tours of duty at the Defense Attaché Office.”