; (3) 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 (4) 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. (d) Rule of construction 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. .