‘‘(1) A case involving such charges shall auto-
matically be referred to a general court-martial con-
vening authority, as described in section 818 of this 
title (article 18). 
‘‘(2) The staff judge advocate shall provide de-
tailed billets for prosecutors in cases involving alle-
gations of rape or sexual assault, to be filled by a 
field-grade officer of the Judge Advocate General’s 
Corps with a rank of O–4 or higher. 
‘‘(3) In a case involving an accusation of rape, 
sexual assault, harassment, or domestic violence, the 
facts of the case shall be given precedence over the 
value to the service of the accused. 
‘‘(4) In a case involving an accusation of rape, 
sexual assault, or harassment, the accused will not 
be eligible for non-judicial punishment or adminis-
trative punishment if found guilty. 
‘‘(b) VICTIM’S RIGHTS.—A victim in a case involving 
allegations of rape, sexual assault, harassment, or domes-
tic violence shall have rights as follows: 
‘‘(1) The Secretary concerned shall provide 
counsel for the victim, in the same manner as coun-
sel is provided for an accused under section 827(b) 
of this title (article 27), for any investigation or 
courts-martial proceeding relating to the case. 
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‘‘(2) All communications between a victim and 
a victim’s advocates or the victim’s counsel shall be 
considered privileged communications for purposes 
of the case and any proceedings relating to the case. 
‘‘(3) A victim may appeal the decision of a gen-
eral court martial in the case to the appropriate 
Court of Criminal Appeals under section 866 of this 
title (article 66). 
‘‘(c) REVISION
OF
MANUAL
FOR
COURTS-MAR-
TIAL.—The Joint Service Committee on Military Justice 
shall amend the Manual for Courts-Martial to reflect this 
section, with especially section 306 of such manual con-
cerning disposition. 
‘‘(d) PURPOSE.—The purpose of this section is to as-
sure proper treatment of sexual assault cases in military 
judicial system, remove cases from chain of command that 
may contain both victim and accused, prevent non-judicial 
punishment and determination being decided in case by 
unqualified personnel without legal experience, considers 
the rights of the victim.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
at the beginning of such chapter is amended by adding 
at the end of the items relating to subchapter XI the fol-
lowing new item: 
‘‘940A. Art. 140A. Disposition of rape, sexual assault, sexual harassment, and 
domestic violence cases.’’. 
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SEC. 4. ALLOWANCE OF CLAIMS BY MEMBERS OF THE 
ARMED 
FORCES 
AGAINST 
THE 
UNITED 
STATES FOR CERTAIN INJURIES RELATING 
TO OR ARISING OUT OF SEXUAL ASSAULT OR 
DOMESTIC VIOLENCE. 
(a) IN GENERAL.—Chapter 171 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 2681. Certain claims by members of the Armed 
Forces of the United States 
‘‘(a) Notwithstanding section 2680, a claim may be 
brought against the United States under this chapter for 
damages or other appropriate relief for any act or omis-
sion related to or arising out of covered assaultive conduct 
or failure to prevent or properly investigate or prosecute 
covered assaultive conduct. 
‘‘(b) In this section, the term ‘covered assaultive con-
duct’ means sexual assault or harassment, domestic vio-
lence, assault and battery, intentional infliction of emo-
tional distress, false imprisonment, or discrimination or 
negligent hiring, supervision, promotion, or retention. 
‘‘(c) For purposes of claims brought under this sec-
tion, in the case of an act or omission occurring outside 
the United States— 
‘‘(1) the law that applies to the act or omission 
shall be the law of the place where the claimant is 
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domiciled within the United States, or, if there is no 
place where the claimant is so domiciled, the law of 
the place the claimant has identified as the claim-
ant’s home of record for military purposes; and 
‘‘(2) any choice-of-law rules which would re-
quire the application of foreign or international law 
shall be disregarded.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 171 of title 28, United States 
Code, is amended by adding at the end the following: 
‘‘2681. Certain claims by members of the Armed Forces of the United States.’’. 
Æ 
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