10 USC § 123b - Forces stationed abroad: limitation on number

---
identifier: "/us/usc/t10/s123b"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 123b - Forces stationed abroad: limitation on number"
title_number: 10
title_name: "ARMED FORCES"
section_number: "123b"
section_name: "Forces stationed abroad: limitation on number"
chapter_number: 3
chapter_name: "GENERAL POWERS AND FUNCTIONS"
part_number: "I"
part_name: "ORGANIZATION AND GENERAL MILITARY POWERS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 103–337, div. A, title XIII, § 1312(a)(1), Oct. 5, 1994, 108 Stat. 2894.)"
---


# § 123b. Forces stationed abroad: limitation on number

**(a)** **End-Strength Limitation.—** No funds appropriated to the Department of Defense may be used to support a strength level of members of the armed forces assigned to permanent duty ashore in nations outside the United States at the end of any fiscal year at a level in excess of 203,000.

**(b)** **Exception for Wartime.—** Subsection (a) does not apply in the event of a declaration of war or an armed attack on any member nation of the North Atlantic Treaty Organization, Japan, the Republic of Korea, or any other ally of the United States.

**(c)** **Presidential Waiver.—** The President may waive the operation of subsection (a) if the President declares an emergency. The President shall immediately notify Congress of any such waiver.

---

**Source Credit**: (Added Pub. L. 103–337, div. A, title XIII, § 1312(a)(1), Oct. 5, 1994, 108 Stat. 2894.)

## Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in , , , which was set out as a note under , prior to repeal by .

## Statutory Notes and Related Subsidiaries

### Effective Date

> “
> 
> , United States Code, as added by subsection (a), does not apply with respect to a fiscal year before fiscal year 1996.”

, , , provided that: