10 U.S.C. § 123a — Suspension of end-strength and other

Page 140 TITLE 10—ARMED FORCES § 123a 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President. DELEGATION OF AUTHORITY Authority of President under this section as invoked by sections 2 and 3 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended, delegated to Secretary of De- fense by section 4 of Ex. Ord. No. 13223, and authority of President under this section as invoked by section 2 of Ex. Ord. No. 13223 delegated to Secretary of Home- land Security by section 5 of Ex. Ord. No. 13223, as amended, set out as a note under section 12302 of this title. § 123a. Suspension of end-strength and other strength limitations in time of war or na- tional emergency (a) DURING WAR OR NATIONAL EMERGENCY.—(1) If at the end of any fiscal year there is in effect a war or national emergency, the President may waive any statutory end strength with respect to that fiscal year. Any such waiver may be issued only for a statutory end strength that is prescribed by law before the waiver is issued. (2) When a designation of a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) is in effect, the President may waive any statutory limit that would otherwise apply during the pe- riod of the designation on the number of mem- bers of a reserve component or the Space Force who are authorized to be on active duty under subparagraph (A) or (B) of section 115(b)(1) of this title, if the President determines the waiver is necessary to provide assistance in responding to the major disaster or emergency. (b) TERMINATION OF WAIVER.—(1) Upon the ter- mination of a war or national emergency with respect to which the President has exercised the authority provided by subsection (a)(1), the President may defer the effectiveness of any statutory end strength with respect to the fiscal year during which the termination occurs. Any such deferral may not extend beyond the last day of the sixth month beginning after the date of such termination. (2) A waiver granted under subsection (a)(2) shall terminate not later than 90 days after the date on which the designation of the major dis- aster or emergency that was the basis for the waiver expires. (c) STATUTORY END STRENGTH.—In this sec- tion, the term ‘‘statutory end strength’’ means any end-strength limitation with respect to a fiscal year that is prescribed by law for any military or civilian component of the armed forces or of the Department of Defense. (Added Pub. L. 101–510, div. A, title XIV, § 1483(b)(1), Nov. 5, 1990, 104 Stat. 1715; amended Pub. L. 107–107, div. A, title IV, § 421(b), Dec. 28, 2001, 115 Stat. 1076; Pub. L. 110–417, [div. A], title IV, § 416(a)–(c)(1), Oct. 14, 2008, 122 Stat. 4430; Pub. L. 118–31, div. A, title XVII, § 1722(a)(2), Dec. 22, 2023, 137 Stat. 667.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 115(b)(4) of this title, prior to repeal by Pub. L. 101–510, § 1483(a). AMENDMENTS 2023—Subsec. (a)(2). Pub. L. 118–31 inserted ‘‘or the Space Force’’ after ‘‘a reserve component’’. 2008—Pub. L. 110–417 in section catchline substituted ‘‘Suspension of end-strength and other strength limita- tions in time of war or national emergency’’ for ‘‘Sus- pension of end-strength limitations in time of war or national emergency’’, in subsec. (a) designated existing provisions as par. (1) and added par. (2), and in subsec. (b) substituted ‘‘Termination of Waiver’’ for ‘‘Upon Termination of War or National Emergency’’ in head- ing, designated existing provisions as par. (1), sub- stituted ‘‘subsection (a)(1)’’ for ‘‘subsection (a)’’, and added par. (2). 2001—Pub. L. 107–107 amended text generally. Prior to amendment, text read as follows: ‘‘If at the end of any fiscal year there is in effect a war or national emer- gency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian compo- nent of the armed forces or of the Department of De- fense. Any such deferral may not extend beyond No- vember 30 of the following fiscal year.’’ Executive Documents DELEGATION OF AUTHORITY Authority of President under this section as invoked by sections 2 and 3 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended, delegated to Secretary of De- fense by section 4 of Ex. Ord. No. 13223, and authority of President under this section as invoked by section 2 of Ex. Ord. No. 13223 delegated to Secretary of Home- land Security by section 5 of Ex. Ord. No. 13223, as amended, set out as a note under section 12302 of this title. § 123b. Forces stationed abroad: limitation on number (a) END-STRENGTH LIMITATION.—No funds ap- propriated 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. (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 con- tained 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,