I

104TH CONGRESS

2D SESSION H. R. 4104

To amend title 10, United States Code, to establish a sentence under the

Uniform Code of Military Justice of confinement for life without eligibility for parole and to provide that a decision to deny parole for

a military offender serving a sentence of confinement for life may be

appealed only to the President.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 18, 1996

Mr. BRYANT of Tennessee introduced the following bill; which was referred

to the Committee on National Security

A BILL

To amend title 10, United States Code, to establish a sentence under the Uniform Code of Military Justice of

confinement for life without eligibility for parole and

to provide that a decision to deny parole for a military

offender serving a sentence of confinement for life may

be appealed only to the President.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

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1 SECTION 1. ESTABLISHMENT OF SENTENCE OF CONFINE2 MENT FOR LIFE WITHOUT ELIGIBILITY FOR

3 PAROLE.

4 (a) ESTABLISHMENT OF SENTENCE.—(1) Chapter

5 47 of title 10, United States Code (the Uniform Code of

6 Military Justice), is amended by inserting after section

7 856 (article 56) the following new section (article):

8 ‘‘§ 856a. Art. 56a. Sentence of confinement for life

9 without eligibility for parole

10 ‘‘(a) For any offense for which a sentence of confine11 ment for life may be adjudged, a court-martial may ad12 judge a sentence of confinement for life without eligibility

13 for parole.

14 ‘‘(b) An accused who is sentenced to confinement for

15 life without eligibility for parole shall serve the sentence

16 of confinement as adjudged unless—

17 ‘‘(1) the sentence is set aside or otherwise

18 modified as a result of action taken by a Court of

19 Criminal Appeals, the Court of Appeals for the

20 Armed Forces, or the Supreme Court; or

21 ‘‘(2) the accused is pardoned.’’.

22 (2) The table of sections at the beginning of sub23 chapter VIII of such chapter is amended by inserting after

24 the item relating to section 856 (article 56) the following

25 new item:

‘‘856a. 56a. Sentence of confinement for life without eligibility for parole.’’.
3

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1 (b) EFFECTIVE DATE.—Section 856a of title 10,

2 United States Code (article 56a of the Uniform Code of

3 Military Justice), as added by subsection (a), shall apply

4 with respect to any offense for which a sentence is ad5 judged by a court-martial after the date of the enactment

6 of this Act.

7 SEC. 2. APPEAL OF DENIAL OF PAROLE FOR OFFENDERS

8 SERVING LIFE SENTENCE.

9 (a) EXCLUSIVE AUTHORITY OF PRESIDENT TO

10 GRANT PAROLE ON APPEAL OF DENIAL.—Section 952 of

11 title 10, United States Code, is amended—

12 (1) by inserting ‘‘(a)’’ before ‘‘The Secretary’’;

13 and

14 (2) by adding at the end the following:

15 ‘‘(b) In a case in which parole for an offender serving

16 a sentence of confinement for life is denied, only the Presi17 dent may grant the offender parole on appeal of that de18 nial. The authority to grant parole on appeal in such a

19 case may not be delegated.’’.

20 (b) EFFECTIVE DATE.—This section shall apply with

21 respect to any decision to deny parole made after the date

22 of the enactment of this Act.

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