Agency Information Collection Activities; Proposed eCollection eComments Request; National Use-of-Force Data Collection: Extension of a Currently Approved Collection

Cited as:85 FR 26493
Court:Federal Bureau Of Investigation, Justice Department
Publication Date:04 May 2020
Record Number:2020-09360
Federal Register, Volume 85 Issue 86 (Monday, May 4, 2020)
[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
                [Notices]
                [Pages 26493-26495]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-09360]
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                DEPARTMENT OF JUSTICE
                Federal Bureau of Investigation
                [OMB Number 1110-0071]
                Agency Information Collection Activities; Proposed eCollection
                eComments Request; National Use-of-Force Data Collection: Extension of
                a Currently Approved Collection
                AGENCY: Federal Bureau of Investigation, Department of Justice.
                ACTION: 60-Day notice.
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                SUMMARY: The Department of Justice, Federal Bureau of Investigation's
                (FBI's) Criminal Justice Information Services Division is submitting
                the following information collection request to the Office of
                Management and Budget (OMB) for review and approval in accordance with
                the Paperwork Reduction Act of 1995.
                DATES: Comments are encouraged and will be accepted for 60 days until
                July 6, 2020.
                FOR FURTHER INFORMATION CONTACT: Written comments and suggestions
                regarding the items contained in this notice, especially the estimated
                burden and associated response time, may be sent for consideration in a
                number of ways. OMB recommends that written comments be emailed to
                [email protected]. Physical letters with comments and
                suggestions may be directed to Ms. Amy C. Blasher, Unit Chief, Federal
                Bureau of Investigation, Criminal Justice Information Services
                Division, Module E-3, 1000 Custer Hollow Road, Clarksburg, West
                Virginia 26306. Letters may also be sent to the Office of Management
                and Budget, Office of Information and Regulatory Affairs, Attention:
                Department of Justice Desk Officer, Washington, DC 20503 or emailed to
                OMB at [email protected].
                SUPPLEMENTARY INFORMATION: Written comments and suggestions from the
                public and affected agencies concerning the proposed collection of
                information are encouraged. Your comments should address one or more of
                the following four points:
                 Evaluate whether the proposed collection of information is
                necessary for the proper performance of the functions of the FBI,
                including whether
                [[Page 26494]]
                the information will have practical utility;
                 Evaluate the accuracy of the agency's estimate of the
                burden of the proposed collection of information, including the
                validity of the methodology and assumptions used;
                 Evaluate whether, and if so, how the quality, utility, and
                clarity of the information to be collected can be enhanced; and
                 Minimize the burden of the collection of information on
                those who are to respond, including through the use of appropriate
                automated, electronic, mechanical, or other technological collection
                techniques or other forms of information technology, e.g., permitting
                electronic submission of responses.
                Overview of This Information Collection
                 (1) Type of Information Collection: Extension of a currently
                approved collection.
                 (2) The Title of the Form/Collection: National Use-of-Force Data
                Collection
                 (3) The agency form number, if any, and the applicable component of
                the Department sponsoring the collection: The form number is 1110-0071.
                Sponsor: Criminal Justice Information Services Division, Federal Bureau
                of Investigation, Department of Justice.
                 (4) Affected public who will be asked or required to respond, as
                well as a brief abstract: Federal, state, local, and tribal law
                enforcement agencies.
                 Abstract: The FBI has a long-standing tradition of collecting data
                and providing statistics concerning Law Enforcement Officers Killed and
                Assaulted (LEOKA) and justifiable homicides. To provide a better
                understanding of the incidents of use of force by law enforcement, the
                Uniform Crime Reporting (UCR) Program developed a new data collection
                for law enforcement agencies to provide information on incidents where
                use of force by a law enforcement officer has led to the death or
                serious bodily injury of a person, as well as when a law enforcement
                officer discharges a firearm at or in the direction of a person.
                 When a use of force occurs, federal, state, local, and tribal law
                enforcement agencies provide information to the data collection on
                characteristics of the incident, subjects of the use of force, and the
                officers who applied force in the incident. Agencies positively affirm,
                on a monthly basis, whether their agency did or did not have a use of
                force that resulted in a fatality, a serious bodily injury to a person,
                or a firearm discharge at or in the direction of a person. When no use-
                of-force incident occurs in a month, agencies submit a zero report.
                Enrollment information from agencies and state points of contact is
                collected when the agency or contact initiates participation in the
                data collection. Enrollment information is updated no less than
                annually to assist with managing this data.
                 The new data collection defines a law enforcement officer using the
                current LEOKA definition: ``All local, county, state, and federal law
                enforcement officers (such as municipal, county police officers,
                constables, state police, highway patrol, sheriffs, their deputies,
                federal law enforcement officers, marshals, special agents, etc.) who
                are sworn by their respective government authorities to uphold the law
                and to safeguard the rights, lives, and property of American citizens.
                They must have full arrest powers and be members of a public
                governmental law enforcement agency, paid from government funds set
                aside specifically for payment to sworn police law enforcement
                organized for the purposes of keeping order and for preventing and
                detecting crimes, and apprehending those responsible.''
                 The definition of ``serious bodily injury'' is based, in part, on
                18 United States Code (U.S.C.), Section 2246 (4), to mean ``bodily
                injury that involves a substantial risk of death, unconsciousness,
                protracted and obvious disfigurement, or protracted loss or impairment
                of the function of a bodily member, organ, or mental faculty.'' These
                actions include the use of a firearm; an electronic control weapon
                (e.g., Taser); an explosive device; pepper or OC (oleoresin capsicum)
                spray or other chemical agent; a baton; an impact projectile; a blunt
                instrument; hands-fists-feet; or canine.
                 (5) A total number of respondents and the amount of time estimated
                for an average respondent to respond: As of March 2020, a total of
                6,763 agencies covering 393,274 law enforcement officers were enrolled
                in the National Use-of-Force Data Collection. The burden hours per
                incident are estimated to be 0.63 of an hour for completion, around 38
                minutes per incident.
                 (6) An estimate of the total public burden (in hours) associated
                with the collection: Burden estimates are based on sources from the
                FBI's UCR Program, the Bureau of Justice Statistics (BJS), and the
                Centers for Disease Control (CDC). The BJS recently estimated that
                approximately 1,400 fatalities attributed to a law enforcement use of
                force occur annually (Planty, et al., 2015, Arrest-Related Deaths
                Program: Data Quality Profile, http://www.bjs.gov/index.cfm?ty=pbdetail&iid=5260). In addition, the CDC estimates the
                incidences of fatal and nonfatal injury--including those due to legal
                intervention--from emergency department data. In their study, The real
                risks during deadly police shootouts: Accuracy of the na[iuml]ve
                shooter, Lewinski, et al., (2015) estimate law enforcement officers
                miss their target approximately 50 percent of the time at the firing
                range. This information was used to develop a simple estimate for the
                number of times officers discharge a firearm at or in the direction of
                a person but do not strike the individual. In addition, the UCR Program
                collects counts of the number of sworn and civilian law enforcement
                employees in the nation's law enforcement agencies.
                 The following table shows burden estimates based on previous
                estimation criteria and current National Use-of-Force Data Collection
                enrollment numbers.
                 Estimated Burden for all Law Enforcement Agencies in Annual Collection
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                 Approximate Maximum per Minimum per
                 number of capita rate of capita rate of Maximum Minimum Estimated Maximum Minimum
                 Timeframe Reporting group officers from use-of-force use-of-force estimated estimated burden hours estimate total estimate total
                 participating occurrence per occurrence per number of number of per incident number of number of
                 agencies officer officer incidents incidents burden hours burden hours
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                Collection (Annual)................... All agencies submitting 393,274 0.122 0.012 47,979 4,719 0.63 30,227 2,973
                 data.
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                 Based on previous estimation criteria and current enrollment
                numbers, the FBI is requesting 30,227 burden hours for the annual
                collection of this data.
                 If additional information is required, contact: Melody Braswell,
                Department
                [[Page 26495]]
                Clearance Officer, United States Department of Justice, Justice
                Management Division, Policy and Planning Staff, Two Constitution
                Square, 145 N Street NE, 3E.405A, Washington, DC 20530.
                 Dated: April 28, 2020.
                Melody Braswell,
                Department Clearance Officer for PRA, U.S. Department of Justice.
                [FR Doc. 2020-09360 Filed 5-1-20; 8:45 am]
                 BILLING CODE 4410-02-P