§123b — Title 10 Armed Forces | U.S. Code

Summary

The Defense Department cannot spend money to support more than 203,000 service members who are permanently based on land in other countries at the end of any fiscal year. That limit does not apply if the United States is at war or if a NATO country, Japan, South Korea, or any other U.S. ally is under armed attack. The President can also lift the limit in an emergency, but must tell Congress right away when that happens.

Title 10, §123b

Armed Forces — Source: USLM XML via OLRC

(a)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 102–484, div. A, title XIII, § 1302, Oct. 23, 1992, 106 Stat. 2545, which was set out as a note under section 113 of this title, prior to repeal by Pub. L. 103–337, § 1312(c).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 103–337, div. A, title XIII, § 1312(b), Oct. 5, 1994, 108 Stat. 2894, provided that: “Section 123b of title 10, United States Code, as added by subsection (a), does not apply with respect to a fiscal year before fiscal year 1996.”

§123b Forces stationed abroad: limitation on number