[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Pages 41625-41626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14842]


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DEPARTMENT OF JUSTICE

[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: 30-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 30 days until 
August 10, 2020.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

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 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.

[[Page 41626]]

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 incident 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 incident 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 federal, state, county, and local 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 
Title 18 United States Code, 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 June 2020, a total of 6,837 
agencies covering 439,936 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 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: July 6, 2020.
Melody Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2020-14842 Filed 7-9-20; 8:45 am]
BILLING CODE 4410-02-P