marriages that occur before, on, or after the date of
the enactment of this Act.
(4) 
EVIDENCE
AND
DUE
PROCESS.—The
amendments made by subsections (f) and (g)(1)
shall apply to applications made before, on, or after
the date of the enactment of this Act.
(5) RIGHT TO REVIEW IN DEPORTATION AND
EXCLUSIONS.—The amendment made by subsection
(g)(2) shall apply to deportation proceedings in
which a final order has not been entered before the
date of the enactment of this Act.
Subtitle D—Confidentiality for
Abused Persons
SEC. 261. CONFIDENTIALITY FOR ABUSED PERSONS.
No later than 90 days after the enactment of this
Act, the Postmaster General shall promulgate regulations
to secure the confidentiality of abused persons’ addresses
or otherwise prohibit the disclosure of an abused person’s
address consistent with the following:
(1) Confidentiality shall be provided upon the
presentation to an appropriate postal official of an
existing and valid court order for the protection of
an abused spouse, or upon an affidavit containing a
statement that an address or organization is a do-
mestic violence shelter or service provider and a let-
ter from the State coalition for domestic violence in
that State confirming such statement.
(2) Disclosure of addresses to State or Federal
agencies for legitimate law enforcement or other gov-
ernmental purposes shall not be prohibited.
(3) Compilations of addresses existing at the
time the order is presented to an appropriate postal
official shall be excluded from the scope of the pro-
posed regulations.
TITLE III—CIVIL RIGHTS
SEC. 301. CIVIL RIGHTS.
(a) FINDINGS.—The Congress finds that—
(1) crimes motivated by the victim’s gender
constitute bias crimes in violation of the victim’s
right to be free from discrimination on the basis of
gender;
(2) current law provides a civil rights remedy
for gender crimes committed in the workplace, but
not for gender crimes committed on the street or in
the home; and
(3) State and Federal criminal laws do not ade-
quately protect against the bias element of gender
crimes, which separates these crimes from acts of
random violence, nor do they adequately provide vic-
tims the opportunity to vindicate their interests.
(b) RIGHTS.—All individuals within the United
States, and the special maritime and territorial jurisdic-
tion of the United States, shall have the right to be free
from crimes of violence motivated by the victim’s gender.
(c) CLAIM.—Any person, including a person who acts
under color of any statute, ordinance, regulation, custom,
or usage of any State, who deprives an individual of the
right secured by subsection (b) shall be liable to the indi-
vidual injured, in a civil action, for compensatory dam-
ages, punitive damages, injunctive relief, declaratory re-
lief, or any combination thereof.
(d) LIMITATION, PROCEDURE, AND RULE OF CON-
STRUCTION.—
(1) LIMITATION.—Nothing in this section enti-
tles an individual to a claim under subsection (c) for
random acts of violence unrelated to gender or for
acts that cannot be demonstrated, by a preponder-
ance of the evidence, to be motivated by gender.
(2) NO PRIOR CRIMINAL ACTION.—Nothing in
this section requires a prior criminal complaint,
prosecution, or conviction to establish the necessary
elements of a claim under subsection (c).
(3) RULE OF CONSTRUCTION.—Neither section
1367 of title 28 of the United States Code nor sub-
section (c) of this section shall be construed, by rea-
son of a claim arising under such subsection, to con-
fer on the courts of the United States jurisdiction of
any State law claim seeking the establishment of a
divorce, alimony, or child custody decree.
(e) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘crime of violence motivated by
the victim’s gender’’ means—
(A) a crime of violence that is rape (ex-
cluding conduct that is characterized as rape
solely by virtue of the ages of the participants),
sexual assault, sexual abuse, or abusive sexual
contact; or
(B) any other crime of violence committed
because of the gender, or on the basis of gen-
der, of the victim;
(2) the term ‘‘crime of violence’’ means—
(A) a State or Federal offense that—
(i) is of a kind described in section 16
of title 18, United States Code; and
(ii) may be punished by a maximum
term of imprisonment exceeding one year;
or
(B) any action taken that would constitute
such offense but for the relationship between
the person who takes such action and the indi-
vidual against whom such action is taken;
whether or not such offense or such action results in
criminal charges, prosecution, or conviction; and
(3) the term ‘‘special maritime and territorial
jurisdiction of the United States’’ has the meaning
given such term in section 7 of title 18, United
States Code.
(f) LIMITATION ON REMOVAL.—Section 1445 of title
28, United States Code, is amended by adding at the end
the following:
‘‘(d) A civil action in any State court arising under
section 301 of Violence Against Women Act of 1993 may
not be removed to any district court of the United
States.’’.
TITLE IV—EQUAL JUSTICE FOR
WOMEN IN THE COURTS
Subtitle A—New Evidentiary Rules
SEC. 401. INTERLOCUTORY APPEAL.
Rule 412 of the Federal Rules of Evidence is amend-
ed by adding at the end the following:
‘‘(e) INTERLOCUTORY
APPEAL.—Notwithstanding
any other law, any evidentiary rulings made pursuant to
this rule are subject to interlocutory appeal by the govern-
ment.’’.
SEC. 402. SEXUAL HISTORY IN ALL CIRMINAL CASES.
The Federal Rules of Evidence are amended by in-
serting after rule 412 the following new rule:
‘‘Rule 412A. Evidence of victim’s past behavior in
other criminal cases
‘‘(a) Notwithstanding any other provision of law, in
a criminal case, other than a sex offense case governed
by rule 412, reputation or opinion evidence of the past
sexual behavior of an alleged victim is not admissible.
‘‘(b) Notwithstanding any other provision of law, in
a criminal case, other than a sex offense case governed
by rule 412, evidence of an alleged victim’s past sexual
behavior (other than reputation and opinion evidence) may
be admissible if—
‘‘(1) the evidence is admitted in accordance
with the procedures specified in subdivision (c); and
‘‘(2) the probative value of the evidence out-
weighs the danger of unfair prejudice.
‘‘(c)(1) If the defendant intends to offer evidence of
specific instances of the alleged victim’s past sexual behav-
ior, the defendant shall make a written motion to offer
such evidence not later than 15 days before the date on
which the trial in which such evidence is to be offered is
scheduled to begin, except that the court may allow the
motion to be made at a later date, including during trial,
if the court determines either that the evidence is newly