
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(a)(8)]
[CITE: 10USC874]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
    SUBCHAPTER IX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
 
Sec. 874. Art. 74. Remission and suspension

    (a) The Secretary concerned and, when designated by him, any Under 
Secretary, Assistant Secretary, Judge Advocate General, or commanding 
officer may remit or suspend any part or amount of the unexecuted part 
of any sentence, including all uncollected forfeitures other than a 
sentence approved by the President. However, in the case of a sentence 
of confinement for life without eligibility for parole, after the 
sentence is ordered executed, the authority of the Secretary concerned 
under the preceding sentence (1) may not be delegated, and (2) may be 
exercised only after the service of a period of confinement of not less 
than 20 years.
    (b) The Secretary concerned may, for good cause, substitute an 
administrative form of discharge for a discharge or dismissal executed 
in accordance with the sentence of a court-martial.

(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 106-398, Sec. 1 [[div. 
A], title V, Sec. 553(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-125.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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874(a)................................  50:661(a).                           Ma
y 5, 1950, ch. 169, Sec.   1
874(b)................................  50:661(b).                            (
Art. 74), 64 Stat. 132.
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    In subsections (a) and (b), the words ``Secretary concerned'' are 
substituted for the words ``Secretary of the Department''.


                               Amendments

    2000--Subsec. (a). Pub. L. 106-398 inserted at end ``However, in the 
case of a sentence of confinement for life without eligibility for 
parole, after the sentence is ordered executed, the authority of the 
Secretary concerned under the preceding sentence (1) may not be 
delegated, and (2) may be exercised only after the service of a period 
of confinement of not less than 20 years.''


                    Effective Date of 2000 Amendment

    Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 553(b)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-125, provided that: ``The amendment made by 
subsection (a) [amending this section] shall not apply with respect to a 
sentence of confinement for life without eligibility for parole that is 
adjudged for an offense committed before the date of the enactment of 
this Act [Oct. 30, 2000].''

                  Section Referred to in Other Sections

    This section is referred to in section 876 of this title.
