; and (2) by inserting after subsection (h) the following new subsection (i): (i) (1) For purposes of this section, there is sufficient basis to conclude that a personnel action prohibited by subsection (b) has occurred if the communication made by the member or former member was a contributing factor in the personnel action that was taken, or is to be taken, against the member or former member unless there is clear and convincing evidence that the same personnel action would have been taken in the absence of the communication. (2) A member or former member may demonstrate that the communication was a contributing factor in the personnel action through circumstantial evidence, such as evidence that— (A) the official taking the personnel action knew of the communication; and (B) the personnel action occurred within a period of time such that a reasonable person could conclude that the communication was a contributing factor in the personnel action. . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 30 days after the date of the enactment of this Act, and shall apply with respect to allegations pending or submitted under section 1034 of title 10, United States Code, on or after that date. 8. Administrative separation protections for members of the Armed Forces who are survivors of sex-related offenses (a) Covered member defined In this section, the term covered member means a member of the Armed Forces who is diagnosed with a mental health condition related to a sex-related offense that occurred during the member’s service in the Armed Forces. (b) Limitations on separation for a mental disorder not constituting a physical disability (1) Review of diagnosis A covered member shall not be separated on the basis of a personality disorder or other mental disorder not constituting a physical disability, unless the diagnosis of such disorder has been— (A) corroborated by a peer or higher-level mental health professional