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Title 10 — Armed Forces

Part II · Chapter 47 — Uniform Code of Military Justice

§ 874. Art. 74. Remission and suspension

Statutory text

(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 that is adjudged for an offense committed after , 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 63 · 70A Stat. 63

    Enacted · 10 U.S.C. § 874

    Aug. 10, 1956, ch. 1041, 70A Stat. 63

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 63

  2. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Inserted · 10 U.S.C. § 874(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

    Effective date note
    Pub. L. 106–398, § 1 [[div. A], title V, § 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].”

  3. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title X § 1048(a)(8) · 115 Stat. 1012

    Inserted · 10 U.S.C. § 874(a)

    Pub. L. 107–107 inserted “that is adjudged for an offense committed after October 29, 2000” after “a sentence of confinement for life without eligibility for parole”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–107 inserted “that is adjudged for an offense committed after October 29, 2000” after “a sentence of confinement for life without eligibility for parole”.

    Enacted provision · exact public law section
    (8) Section 874(a) is amended by inserting after “a sentence of confinement for life without eligibility for parole” the following: “that is adjudged for an offense committed after October 29, 2000”.

2 of 3 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
874(a)874(b)50:661(a).50:661(b).May 5, 1950, ch. 169, §  1 (Art. 74), 64 Stat. 132.

In subsections (a) and (b), the words “Secretary concerned” are substituted for the words “Secretary of the Department”.

Editorial Notes

Amendments2000–2001 · 2 rounds

2001

Subsec. (a). Pub. L. 107–107 inserted “that is adjudged for an offense committed after ” after “a sentence of confinement for life without eligibility for parole”.

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.”

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–398, § 1 [[div. A], title V, § 553(b)], , 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 [].”

Credits

1956–2001 · 3 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 63
  2. 2000Pub. L. 106–398, § 1 [[div. A], title V, § 553(a)], , 114 Stat. 1654, 1654A–125
  3. 2001Pub. L. 107–107, div. A, title X, § 1048(a)(8), , 115 Stat. 1223.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 106–398, § 1 [[div. A], title V, § 553(a)], , 114 Stat. 1654, 1654A–125; Pub. L. 107–107, div. A, title X, § 1048(a)(8), , 115 Stat. 1223.)

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s874