[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