; (3) the person who caused the injury traveled in interstate or foreign commerce, or used any facility of interstate or foreign commerce, with intent to commit the criminal conduct; or (4) the property damaged or destroyed is used in or affecting interstate or foreign commerce. 5. Eligibility for law enforcement grants and emergency and disaster funding (a) Byrne grant program 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: (h) Protection of individuals and property (1) Definitions In this subsection— (A) 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 (B) the term riot has the meaning given the term in section 2102 of title 18, United States Code. (2) Required protection of individuals and property 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. (3) Failure to protect described 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) 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