10 U.S. Code § 123b. Forces stationed abroad: limitation on number
(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.
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.
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).