; and (2) not more than 20 percent of such amounts if the Attorney General determines that, in the course of an abuse of the use of prosecutorial discretion determined under paragraph (1), if a crime that was not prosecuted was an assault against a law enforcement officer. (b) Standard for determination (1) In general A State prosecutor's office, a district attorney's office, or a State attorney general's office shall be determined to have abused the prosecutorial discretion of the office under subsection (a) if the office refuses, as a general policy rather than on a case-by-case determination, to seek prosecution for crimes committed by individuals engaged in or connected to rioting, looting, or other violent or destructive activities, unless such policy is in accordance with an order issued by a court of law. (2) Limitation A State prosecutor's office, a district attorney's office, or a State attorney general's office shall not be determined to have abused the prosecutorial discretion of the office under subsection (a) if the Attorney General determines that such exercise of prosecutorial discretion is properly made based on the strength of evidence, individual facts in the case, cooperation of the defendant, or other appropriate prosecutorial decision making factors. (3) Requirement The Attorney General shall establish criteria for determining whether a State prosecutor's office, a district attorney's office, or a State attorney general's office has abused the prosecutorial discretion of the office under subsection (a). (c) Review of relevant information In making a determination under subsection (a), the Attorney General shall— (1) review any arrest statistics, information, or documents, provided by a law enforcement agency that conducted authorized operations connected to a riot or other violent or destructive protest activity