; (C) 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 (D) 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. (4) Penalty for noncompliance If the Attorney General determines that a State or unit of local government has failed to comply with this subsection, the Attorney General may reduce the amount of the award for the State or unit of local government under this section for the fiscal year following the determination by, the greater of— (A) 25 percent; or (B) an amount equal to twice the monetary value of the property damaged and the personal injury caused by the failure of the State or unit of local government to take reasonable steps to protect against the damage and injury. . (c) Emergency assistance Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5201 et seq.) is amended by adding at the end the following: 707. Limitation on funding eligibility (a) Definitions In this section— (1) 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) )