Attorney General may withhold from all amounts that would otherwise be awarded or made available under part JJ of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10671 et seq.) or a COVID–19 related emergency funding program to a State prosecutor's office, a district attorney's office, or a State attorney general's office in a fiscal year by the Department of Justice— (1) not more than 10 percent of such amounts if the Attorney General determines, in accordance with subsection (b), that the office has abused the use of prosecutorial discretion by failing to prosecute crimes stemming from riots or other violent or destructive protest activities