1. (a) For any offense for which a sentence of confinement for life may be adjudged, a court-martial may adjudge a sentence of confinement for life without eligibility for parole.

2. (b) An accused who is sentenced to confinement for life without eligibility for parole shall be confined for the remainder of the accused’s life unless—

   1. (1) the sentence is set aside or otherwise modified as a result of—

      1. (A) action taken by the convening authority, the Secretary concerned, or another person authorized to act under section 860 of this title (article 60); or
      2. (B) any other action taken during post-trial procedure and review under any other provision of subchapter IX;
   2. (2) the sentence is set aside or otherwise modified as a result of action taken by a Court of Criminal Appeals, the Court of Appeals for the Armed Forces, or the Supreme Court; or
   3. (3) the accused is pardoned.

(Added Pub. L. 105–85, div. A, title V, § 581(a)(1), Nov. 18, 1997, 111 Stat. 1759.)

Effective Date Pub. L. 105–85, div. A, title V, § 581(b), Nov. 18, 1997, 111 Stat. 1760, provided that:

“

Section 856a of title 10, United States Code (article 56a of the Uniform Code of Military Justice), as added by subsection (a), shall be applicable only with respect to an offense committed after the date of the enactment of this Act [

Nov. 18, 1997].”