[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Notices]
[Pages 60472-60474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23885]


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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

[[Page 60473]]


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 
January 3, 2022.

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 
D-1, 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 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 
the 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 September 2021, a total of 
7,185 agencies covering 443,125 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 
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 FBI UCR 
Program collects counts of the number of sworn and civilian law 
enforcement employees in the nation's law enforcement agencies.

[[Page 60474]]

    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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                                                                        Maximum     Minimum
                                                                      per capita  per capita                                        Maximum     Minimum
                                                        Approximate     rate of     rate of     Maximum     Minimum    Estimated   estimate    estimate
                                                         number of      use-of-     use-of-    estimated   estimated    burden       total       total
            Timeframe              Reporting  group   officers  from     force       force     number of   number of   hours per  number  of   number of
                                                       participating  occurrence  occurrence   incidents   incidents   incident     burden      burden
                                                          agencies        per         per                                            hours       hours
                                                                        officer     officer
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Collection (Annual).............  All agencies               443,125       0.122       0.012      49,630       5,318        0.63      31,267       3,350
                                   submitting data.
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    Based on previous estimation criteria and current enrollment 
numbers, the FBI is requesting 31,267 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: October 28, 2021.
Melody Braswell,
Department Clearance Officer for the PRA, U.S. Department of Justice.
[FR Doc. 2021-23885 Filed 11-1-21; 8:45 am]
BILLING CODE 4410-02-P