; and (B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State. (2) Ineligibility A State that is not in compliance with the requirements of subsection (a) during a fiscal year is not eligible for a grant under this part. 3043. Independent Review of law enforcement use of deadly force In the case of a State that fails by the end of a fiscal year to enact or have in effect an independent prosecution of law enforcement law, that State is not eligible for a grant under this part. 3044. Definitions In this part: (1) The term deadly force means that force which a reasonable person would consider likely to cause death or serious bodily harm. (2) The term independent prosecution of law enforcement law means a statute requiring the appointment of an independent prosecutor to conduct any criminal investigation and prosecution in which— (A) one or more of the possible defendants is a law enforcement officer; (B) one or more of the alleged offenses involves the law enforcement officer’s use of deadly force in the course of carrying out that officer’s duty; and (C) the law enforcement officer’s use of deadly force resulted in a death or injury. (3) The term independent prosecutor means, with respect to a criminal investigation or prosecution, a prosecutor who— (A) does not live or work in the same county as the county in which the alleged crime was committed; and (B) would not be involved in the prosecution in the ordinary course of that prosecutor’s duties. .