Bills Sec. 5 — Eligibility for law enforcement grants…

Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152 ) is amended by adding at the end the following: In this subsection— the term law enforcement free zone has the meaning given the term in section 1979(b) of the Revised Statutes ( 42 U.S.C. 1983(b) ); and the term riot has the meaning given the term in section 2102 of title 18, United States Code. Beginning in the first fiscal year after the date of enactment of the RECLAIM Act , a State or unit of local government that receives a grant under this part shall take all reasonable steps to protect individuals from physical injury and property from depredation caused by unlawful acts within the jurisdiction of the State or unit of local government, as the case may be.

For purposes of paragraph (2), a State or unit of local government shall be considered to have failed to take all reasonable steps to protect individuals from physical injury and property from depredation only if— a senior official, governing body, or policy from the State or unit of local government prohibits, or prohibited during the relevant fiscal year, law enforcement officers from taking law enforcement action that would prevent or materially mitigate physical injury or property depredation caused by or related to a riot for any reason other than to prevent imminent harm to the safety of law enforcement officers; a senior official, governing body, or policy from the State or unit of local government established or recognized during the relevant fiscal year, whether formally or informally, a law enforcement free zone for any reason other than to prevent imminent harm to the safety of law enforcement officers; the State or unit of local government has a custom or policy not to prosecute an individual who engages in unlawful activity as part of a riot; or the State or unit of local government declines to prosecute an individual who engages in unlawful activity as part of a riot because the unlawful activity is related to or associated with expression of speech protected by the First Amendment to the Constitution of the United States.

If the Attorney General determines that a State or unit of local government has failed to comply with this subsection, the Attorney General may reduce the amount of the award for the State or unit of local government under this part for the fiscal year following the determination by, the greater of— 25 percent; or an amount equal to twice the monetary value of the property damaged and the personal injury caused by the failure of the State or unit of local government to take reasonable steps to protect against the damage and injury. .

Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) is amended by adding at the end the following: In this subsection— the term law enforcement free zone has the meaning given the term in section 1979(b) of the Revised Statutes ( 42 U.S.C. 1983(b) ); and the term riot has the meaning given the term in section 2102 of title 18, United States Code. Beginning in the first fiscal year after the date of enactment of the RECLAIM Act , a State or unit of local government that receives a grant under this section shall take all reasonable steps to protect individuals from physical injury and property from depredation caused by unlawful acts within the jurisdiction of the State or unit of local government, as the case may be.

For purposes of paragraph (2), a State or unit of local government shall be considered to have failed to take all reasonable steps to protect individuals from physical injury and property from depredation only if— a senior official, governing body, or policy from the State or unit of local government prohibits, or prohibited during the relevant fiscal year, law enforcement officers from taking law enforcement action that would prevent or materially mitigate physical injury or property depredation caused by or related to a riot for any reason other than to prevent imminent harm to the safety of law enforcement officers; a senior official, governing body, or policy from the State or unit of local government established or recognized during the relevant fiscal year, whether formally or informally, a law enforcement free zone for any reason other than to prevent imminent harm to the safety of law enforcement officers; the State or unit of local government has a custom or policy not to prosecute an individual who engages in unlawful activity as part of a riot; or the State or unit of local government declines to prosecute an individual who engages in unlawful activity as part of a riot because the unlawful activity is related to or associated with expression of speech protected by the First Amendment to the Constitution of the United States.

If the Attorney General determines that a State or unit of local government has failed to comply with this subsection, the Attorney General may reduce the amount of the award for the State or unit of local government under this section for the fiscal year following the determination by, the greater of— 25 percent; or an amount equal to twice the monetary value of the property damaged and the personal injury caused by the failure of the State or unit of local government to take reasonable steps to protect against the damage and injury. .

Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5201 et seq.) is amended by adding at the end the following: In this section— the term law enforcement free zone has the meaning given the term in section 1979(b) of the Revised Statutes ( 42 U.S.C. 1983(b) ); and the term riot has the meaning given the term in section 2102 of title 18, United States Code. A State or unit of local government shall not be eligible for any major disaster assistance under title IV or emergency assistance under title V under a major disaster or emergency declaration, respectively, relating to a riot or other civil unrest within the jurisdiction unless the State or unit of local government takes all reasonable steps to protect individuals from physical injury and property from depredation caused by unlawful acts occurring as part of the riot or unrest within the jurisdiction of the State or unit of local government, as the case may be.

For purposes of subsection (b), a State or unit of local government shall be considered to have failed to take all reasonable steps to protect individuals from physical injury and property from depredation only if— a senior official, governing body, or policy from the State or unit of local government prohibits law enforcement officers from taking law enforcement action that would prevent or materially mitigate physical injury or property depredation caused by or related to a riot for any reason other than to prevent imminent harm to the safety of law enforcement officers; a senior official, governing body, or policy from the State or unit of local government established or recognized, whether formally or informally, a law enforcement free zone for any reason other than to prevent imminent harm to the safety of law enforcement officers; the State or unit of local government has a custom or policy not to prosecute an individual who engages in unlawful activity as part of a riot; or the State or unit of local government declines to prosecute an individual who engages in unlawful activity as part of a riot because the unlawful activity is related to or associated with expression of speech protected by the First Amendment to the Constitution of the United States.

Nothing in this section shall be construed to limit the eligibility of an individual or private entity to receive major disaster assistance under title IV or emergency assistance under title V. .

Sec. 5. Eligibility for law enforcement grants and emergency and disaster funding