[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Notices]
[Pages 42920-42921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15271]
[[Page 42920]]
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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 (PRA).
DATES: Comments are encouraged and will be accepted for 30 days until
August 14, 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.
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 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 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.
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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 10, 2020.
Melody Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2020-15271 Filed 7-14-20; 8:45 am]
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