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FIST2019-2021_1121_0314_Attachments.pdf

Firearms Inquiry Statistics (FIST) Program

FIST attachments

OMB: 1121-0314

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2019 FIST OMB Attachments
Attachment 1. BJS authority
Attachment 2. Proposed 2019 FIST survey form with new questions
Attachment 3. Proposed 2019 FIST survey form with screener question
Attachment 4. Selected screen shots of proposed 2019 FIST web form
Attachment 5. 60-day Notice
Attachment 6. Comment received from 60-day notice
Attachment 7. 30-day Notice
Attachment 8. Proposed 2019 FIST program schedule
Attachment 9. Proposed 2019 FIST correspondence
Attachment 10. Data sources for 2019 FIST program, by jurisdiction
Attachment 11. Proposed 2019 FIST sampling plan

Attachment 1. BJS Authority
34 USC Subtitle I, CHAPTER 101, SUBCHAPTER III: BUREAU OF JUSTICE STATISTICS
From Title 34—CRIME CONTROL AND LAW ENFORCEMENT
Subtitle I—Comprehensive Acts
CHAPTER 101—JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER III—BUREAU OF JUSTICE STATISTICS

§10131. Statement of purpose
It is the purpose of this subchapter to provide for and encourage the collection and analysis of statistical information
concerning crime, juvenile delinquency, and the operation of the criminal justice system and related aspects of the civil
justice system and to support the development of information and statistical systems at the Federal, State, and local
levels to improve the efforts of these levels of government to measure and understand the levels of crime, juvenile
delinquency, and the operation of the criminal justice system and related aspects of the civil justice system. The
Bureau shall utilize to the maximum extent feasible State governmental organizations and facilities responsible for the
collection and analysis of criminal justice data and statistics. In carrying out the provisions of this subchapter, the
Bureau shall give primary emphasis to the problems of State and local justice systems.
(Pub. L. 90–351, title I, §301, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1176; amended Pub. L. 98–473,
title II, §605(a), Oct. 12, 1984, 98 Stat. 2079.)

C
Section was formerly classified to section 3731 of Title 42, The Public Health and Welfare, prior to
editorial reclassification and renumbering as this section.

A prior section 301 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 199; Pub. L. 91–644, title I, §4(1)–(4),
Jan. 2, 1971, 84 Stat. 1882; Pub. L. 93–83, §2, Aug. 6, 1973, 87 Stat. 199; Pub. L. 94–503, title I, §§109,
128(b), Oct. 15, 1976, 90 Stat. 2411, 2424, related to purposes and categories of grants for law
enforcement and criminal justice purposes, prior to the general amendment of this chapter by Pub. L. 96–
157.

A
1984—Pub. L. 98–473 struck out "(including white-collar crime and public corruption)" after "information
concerning crime" and "(including crimes against the elderly, white-collar crime, and public corruption)"
after "levels of crime".

1984 A

Amendment by Pub. L. 98–473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out
as an Effective Date note under section 10101 of this title.

§10132. Bureau of Justice Statistics
(a) Establishment
There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau
of Justice Statistics (hereinafter referred to in this subchapter as "Bureau").
(b) Appointment of Director; experience; authority; restrictions
The Bureau shall be headed by a Director appointed by the President. The Director shall have had experience in
statistical programs. The Director shall have final authority for all grants, cooperative agreements, and contracts
awarded by the Bureau. The Director shall be responsible for the integrity of data and statistics and shall protect
against improper or illegal use or disclosure. The Director shall report to the Attorney General through the Assistant
Attorney General. The Director shall not engage in any other employment than that of serving as Director; nor shall the
Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau
makes any contract or other arrangement under this Act.
(c) Duties and functions of Bureau
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The Bureau is authorized to—
(1) make grants to, or enter into cooperative agreements or contracts with public agencies, institutions of higher
education, private organizations, or private individuals for purposes related to this subchapter; grants shall be made
subject to continuing compliance with standards for gathering justice statistics set forth in rules and regulations
promulgated by the Director;
(2) collect and analyze information concerning criminal victimization, including crimes against the elderly, and civil
disputes;
(3) collect and analyze data that will serve as a continuous and comparable national social indication of the
prevalence, incidence, rates, extent, distribution, and attributes of crime, juvenile delinquency, civil disputes, and
other statistical factors related to crime, civil disputes, and juvenile delinquency, in support of national, State, tribal,
and local justice policy and decisionmaking;
(4) collect and analyze statistical information, concerning the operations of the criminal justice system at the
Federal, State, tribal, and local levels;
(5) collect and analyze statistical information concerning the prevalence, incidence, rates, extent, distribution, and
attributes of crime, and juvenile delinquency, at the Federal, State, tribal, and local levels;
(6) analyze the correlates of crime, civil disputes and juvenile delinquency, by the use of statistical information,
about criminal and civil justice systems at the Federal, State, tribal, and local levels, and about the extent,
distribution and attributes of crime, and juvenile delinquency, in the Nation and at the Federal, State, tribal, and local
levels;
(7) compile, collate, analyze, publish, and disseminate uniform national statistics concerning all aspects of criminal
justice and related aspects of civil justice, crime, including crimes against the elderly, juvenile delinquency, criminal
offenders, juvenile delinquents, and civil disputes in the various States and in Indian country;
(8) recommend national standards for justice statistics and for insuring the reliability and validity of justice statistics
supplied pursuant to this chapter;
(9) maintain liaison with the judicial branches of the Federal Government and State and tribal governments in
matters relating to justice statistics, and cooperate with the judicial branch in assuring as much uniformity as feasible
in statistical systems of the executive and judicial branches;
(10) provide information to the President, the Congress, the judiciary, State, tribal, and local governments, and the
general public on justice statistics;
(11) establish or assist in the establishment of a system to provide State, tribal, and local governments with access
to Federal informational resources useful in the planning, implementation, and evaluation of programs under this Act;
(12) conduct or support research relating to methods of gathering or analyzing justice statistics;
(13) provide for the development of justice information systems programs and assistance to the States, Indian
tribes, and units of local government relating to collection, analysis, or dissemination of justice statistics;
(14) develop and maintain a data processing capability to support the collection, aggregation, analysis and
dissemination of information on the incidence of crime and the operation of the criminal justice system;
(15) collect, analyze and disseminate comprehensive Federal justice transaction statistics (including statistics on
issues of Federal justice interest such as public fraud and high technology crime) and to provide technical assistance
to and work jointly with other Federal agencies to improve the availability and quality of Federal justice data;
(16) provide for the collection, compilation, analysis, publication and dissemination of information and statistics
about the prevalence, incidence, rates, extent, distribution and attributes of drug offenses, drug related offenses and
drug dependent offenders and further provide for the establishment of a national clearinghouse to maintain and
update a comprehensive and timely data base on all criminal justice aspects of the drug crisis and to disseminate
such information;
(17) provide for the collection, analysis, dissemination and publication of statistics on the condition and progress of
drug control activities at the Federal, State, tribal, and local levels with particular attention to programs and
intervention efforts demonstrated to be of value in the overall national anti-drug strategy and to provide for the
establishment of a national clearinghouse for the gathering of data generated by Federal, State, tribal, and local
criminal justice agencies on their drug enforcement activities;
(18) provide for the development and enhancement of State, tribal, and local criminal justice information systems,
and the standardization of data reporting relating to the collection, analysis or dissemination of data and statistics
about drug offenses, drug related offenses, or drug dependent offenders;
(19) provide for improvements in the accuracy, quality, timeliness, immediate accessibility, and integration of State
and tribal criminal history and related records, support the development and enhancement of national systems of
criminal history and related records including the National Instant Criminal Background Check System, the National
Incident-Based Reporting System, and the records of the National Crime Information Center, facilitate State and
tribal participation in national records and information systems, and support statistical research for critical analysis of
the improvement and utilization of criminal history records;
(20) maintain liaison with State, tribal, and local governments and governments of other nations concerning justice
statistics;
(21) cooperate in and participate with national and international organizations in the development of uniform
justice statistics;
(22) ensure conformance with security and privacy requirement of section 10231 of this title and identify, analyze,
and participate in the development and implementation of privacy, security and information policies which impact on
Federal, tribal, and State criminal justice operations and related statistical activities; and
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(23) exercise the powers and functions set out in subchapter VII.
(d) Justice statistical collection, analysis, and dissemination
(1) In general
To ensure that all justice statistical collection, analysis, and dissemination is carried out in a coordinated manner,
the Director is authorized to—
(A) utilize, with their consent, the services, equipment, records, personnel, information, and facilities of other
Federal, State, local, and private agencies and instrumentalities with or without reimbursement therefor, and to
enter into agreements with such agencies and instrumentalities for purposes of data collection and analysis;
(B) confer and cooperate with State, municipal, and other local agencies;
(C) request such information, data, and reports from any Federal agency as may be required to carry out the
purposes of this chapter;
(D) seek the cooperation of the judicial branch of the Federal Government in gathering data from criminal justice
records;
(E) encourage replication, coordination and sharing among justice agencies regarding information systems,
information policy, and data; and
(F) confer and cooperate with Federal statistical agencies as needed to carry out the purposes of this
subchapter, including by entering into cooperative data sharing agreements in conformity with all laws and
regulations applicable to the disclosure and use of data.
(2) Consultation with Indian tribes
The Director, acting jointly with the Assistant Secretary for Indian Affairs (acting through the Office of Justice
Services) and the Director of the Federal Bureau of Investigation, shall work with Indian tribes and tribal law
enforcement agencies to establish and implement such tribal data collection systems as the Director determines to
be necessary to achieve the purposes of this section.
(e) Furnishing of information, data, or reports by Federal agencies
Federal agencies requested to furnish information, data, or reports pursuant to subsection (d)(1)(C) shall provide
such information to the Bureau as is required to carry out the purposes of this section.
(f) Consultation with representatives of State, tribal, and local government and judiciary
In recommending standards for gathering justice statistics under this section, the Director shall consult with
representatives of State, tribal, and local government, including, where appropriate, representatives of the judiciary.
(g) Reports
Not later than 1 year after July 29, 2010, and annually thereafter, the Director shall submit to Congress a report
describing the data collected and analyzed under this section relating to crimes in Indian country.
(Pub. L. 90–351, title I, §302, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1176; amended Pub. L. 98–473,
title II, §605(b), Oct. 12, 1984, 98 Stat. 2079; Pub. L. 100–690, title VI, §6092(a), Nov. 18, 1988, 102 Stat. 4339; Pub.
L. 103–322, title XXXIII, §330001(h)(2), Sept. 13, 1994, 108 Stat. 2139; Pub. L. 109–162, title XI, §1115(a), Jan. 5,
2006, 119 Stat. 3103; Pub. L. 111–211, title II, §251(b), July 29, 2010, 124 Stat. 2297; Pub. L. 112–166, §2(h)(1), Aug.
10, 2012, 126 Stat. 1285.)

This Act, referred to in subsecs. (b) and (c)(11), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197, known as
the Omnibus Crime Control and Safe Streets Act of 1968. For complete classification of this Act to the
Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables.

C
Section was formerly classified to section 3732 of Title 42, The Public Health and Welfare, prior to
editorial reclassification and renumbering as this section.

A prior section 302 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 200; Pub. L. 93–83, §2, Aug. 6, 1973,
87 Stat. 201; Pub. L. 94–503, title I, §110, Oct. 15, 1976, 90 Stat. 2412, related to establishment of State

planning agencies to develop comprehensive State plans for grants for law enforcement and criminal
justice purposes, prior to the general amendment of this chapter by Pub. L. 96–157.

A
2012—Subsec. (b). Pub. L. 112–166 struck out ", by and with the advice and consent of the Senate"
before period at end of first sentence.
2010—Subsec. (c)(3) to (6). Pub. L. 111–211, §251(b)(1)(A), inserted "tribal," after "State," wherever
appearing.
Subsec. (c)(7). Pub. L. 111–211, §251(b)(1)(B), inserted "and in Indian country" after "States".
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Subsec. (c)(9). Pub. L. 111–211, §251(b)(1)(C), substituted "Federal Government and State and tribal
governments" for "Federal and State Governments".
Subsec. (c)(10), (11). Pub. L. 111–211, §251(b)(1)(D), inserted ", tribal," after "State".
Subsec. (c)(13). Pub. L. 111–211, §251(b)(1)(E), inserted ", Indian tribes," after "States".
Subsec. (c)(17). Pub. L. 111–211, §251(b)(1)(F), substituted "activities at the Federal, State, tribal, and
local" for "activities at the Federal, State and local" and "generated by Federal, State, tribal, and local" for
"generated by Federal, State, and local".
Subsec. (c)(18). Pub. L. 111–211, §251(b)(1)(G), substituted "State, tribal, and local" for "State and
local".
Subsec. (c)(19). Pub. L. 111–211, §251(b)(1)(H), inserted "and tribal" after "State" in two places.
Subsec. (c)(20). Pub. L. 111–211, §251(b)(1)(I), inserted ", tribal," after "State".
Subsec. (c)(22). Pub. L. 111–211, §251(b)(1)(J), inserted ", tribal," after "Federal".
Subsec. (d). Pub. L. 111–211, §251(b)(2), designated existing provisions as par. (1), inserted par. (1)
heading, substituted "To ensure" for "To insure", redesignated former pars. (1) to (6) as subpars. (A) to
(F), respectively, of par. (1), realigned margins, and added par. (2).
Subsec. (e). Pub. L. 111–211, §251(b)(3), substituted "subsection (d)(1)(C)" for "subsection (d)(3)".
Subsec. (f). Pub. L. 111–211, §251(b)(4)(B), inserted ", tribal," after "State".
Pub. L. 111–211, §251(b)(4)(A), which directed insertion of ", tribal," after "State" in heading, was
executed editorially but could not be executed in original because heading had been editorially supplied.
Subsec. (g). Pub. L. 111–211, §251(b)(5), added subsec. (g).
2006—Subsec. (b). Pub. L. 109–162, §1115(a)(1), inserted after third sentence "The Director shall be
responsible for the integrity of data and statistics and shall protect against improper or illegal use or
disclosure."
Subsec. (c)(19). Pub. L. 109–162, §1115(a)(2), amended par. (19) generally. Prior to amendment, par.
(19) read as follows: "provide for research and improvements in the accuracy, completeness, and
inclusiveness of criminal history record information, information systems, arrest warrant, and stolen
vehicle record information and information systems and support research concerning the accuracy,
completeness, and inclusiveness of other criminal justice record information;".
Subsec. (d)(6). Pub. L. 109–162, §1115(a)(3), added par. (6).
1994—Subsec. (c)(19). Pub. L. 103–322 substituted a semicolon for period at end.
1988—Subsec. (c)(16) to (23). Pub. L. 100–690 added pars. (16) to (19) and redesignated former pars.
(16) to (19) as (20) to (23), respectively.
1984—Subsec. (b). Pub. L. 98–473, §605(b)(1), inserted provision requiring Director to report to Attorney
General through Assistant Attorney General.
Subsec. (c)(13). Pub. L. 98–473, §605(b)(2)(A), (C), added par. (13) and struck out former par. (13)
relating to provision of financial and technical assistance to States and units of local government relating
to collection, analysis, or dissemination of justice statistics.
Subsec. (c)(14), (15). Pub. L. 98–473, §605(b)(2)(C), added pars. (14) and (15). Former pars. (14) and
(15) redesignated (16) and (17), respectively.
Subsec. (c)(16). Pub. L. 98–473, §605(b)(2)(A), (B), redesignated par. (14) as (16) and struck out former
par. (16) relating to insuring conformance with security and privacy regulations issued under section 10231
of this title.
Subsec. (c)(17). Pub. L. 98–473, §605(b)(2)(B), redesignated par. (15) as (17). Former par. (17)
redesignated (19).
Subsec. (c)(18). Pub. L. 98–473, §605(b)(2)(D), added par. (18).
Subsec. (c)(19). Pub. L. 98–473, §605(b)(2)(B), redesignated former par. (17) as (19).
Subsec. (d)(1). Pub. L. 98–473, §605(b)(3)(A), inserted ", and to enter into agreements with such
agencies and instrumentalities for purposes of data collection and analysis".
Subsec. (d)(5). Pub. L. 98–473, §605(b)(3)(B)–(D), added par. (5).

2012 A

Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments
made on and after that effective date, including any nomination pending in the Senate on that date, see
section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

1984 A

Amendment by Pub. L. 98–473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out
as an Effective Date note under section 10101 of this title.

2010 A
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Pub. L. 111–211, title II, §251(c), July 29, 2010, 124 Stat. 2298, provided that: "Nothing in this section
[amending this section and section 41507 of this title] or any amendment made by this section—
"(1) allows the grant to be made to, or used by, an entity for law enforcement activities that the
entity lacks jurisdiction to perform; or
"(2) has any effect other than to authorize, award, or deny a grant of funds to a federally
recognized Indian tribe for the purposes described in the relevant grant program."
[For definition of "Indian tribe" as used in section 251(c) of Pub. L. 111–211, set out above, see section
203(a) of Pub. L. 111–211, set out as a note under section 2801 of Title 25, Indians.]

Pub. L. 115–391, title VI, §610, Dec. 21, 2018, 132 Stat. 5245, provided that:
"(a) N
P
S
P
.—Beginning not later than 1 year after the date of

enactment of this Act [Dec. 21, 2018], and annually thereafter, pursuant to the authority under section
302 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732) [now 34 U.S.C. 10132],
the Director of the Bureau of Justice Statistics, with information that shall be provided by the Director of
the Bureau of Prisons, shall include in the National Prisoner Statistics Program the following:
"(1) The number of prisoners (as such term is defined in section 3635 of title 18, United States Code, as
added by section 101(a) of this Act) who are veterans of the Armed Forces of the United States.
"(2) The number of prisoners who have been placed in solitary confinement at any time during the
previous year.
"(3) The number of female prisoners known by the Bureau of Prisons to be pregnant, as well as
the outcomes of such pregnancies, including information on pregnancies that result in live birth,
stillbirth, miscarriage, abortion, ectopic pregnancy, maternal death, neonatal death, and preterm birth.
"(4) The number of prisoners who volunteered to participate in a substance abuse treatment
program, and the number of prisoners who have participated in such a program.
"(5) The number of prisoners provided medication-assisted treatment with medication approved by
the Food and Drug Administration while in custody in order to treat substance use disorder.
"(6) The number of prisoners who were receiving medication-assisted treatment with medication
approved by the Food and Drug Administration prior to the commencement of their term of
imprisonment.
"(7) The number of prisoners who are the parent or guardian of a minor child.
"(8) The number of prisoners who are single, married, or otherwise in a committed relationship.
"(9) The number of prisoners who have not achieved a GED, high school diploma, or equivalent
prior to entering prison.
"(10) The number of prisoners who, during the previous year, received their GED or other
equivalent certificate while incarcerated.
"(11) The numbers of prisoners for whom English is a second language.
"(12) The number of incidents, during the previous year, in which restraints were used on a female
prisoner during pregnancy, labor, or postpartum recovery, as well as information relating to the type of
restraints used, and the circumstances under which each incident occurred.
"(13) The vacancy rate for medical and healthcare staff positions, and average length of such a
vacancy.
"(14) The number of facilities that operated, at any time during the previous year, without at least 1
clinical nurse, certified paramedic, or licensed physician on site.
"(15) The number of facilities that during the previous year were accredited by the American
Correctional Association.
"(16) The number and type of recidivism reduction partnerships described in section 3621(h)(5) of
title 18, United States Code, as added by section 102(a) of this Act, entered into by each facility.
"(17) The number of facilities with remote learning capabilities.
"(18) The number of facilities that offer prisoners video conferencing.
"(19) Any changes in costs related to legal phone calls and visits following implementation of
section 3632(d)(1) of title 18, United States Code, as added by section 101(a) of this Act.
"(20) The number of aliens in prison during the previous year.
"(21) For each Bureau of Prisons facility, the total number of violations that resulted in reductions
in rewards, incentives, or time credits, the number of such violations for each category of violation, and
the demographic breakdown of the prisoners who have received such reductions.
"(22) The number of assaults on Bureau of Prisons staff by prisoners and the number of criminal
prosecutions of prisoners for assaulting Bureau of Prisons staff.
"(23) The capacity of each recidivism reduction program and productive activity to accommodate
eligible inmates at each Bureau of Prisons facility.
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"(24) The number of volunteers who were certified to volunteer in a Bureau of Prisons facility,
broken down by level (level I and level II), and by each Bureau of Prisons facility.
"(25) The number of prisoners enrolled in recidivism reduction programs and productive activities
at each Bureau of Prisons facility, broken down by risk level and by program, and the number of those
enrolled prisoners who successfully completed each program.
"(26) The breakdown of prisoners classified at each risk level by demographic characteristics,
including age, sex, race, and the length of the sentence imposed.
"(b) R
J
C
.—Beginning not later than 1 year after the date of enactment of
this Act [Dec. 21, 2018], and annually thereafter for a period of 7 years, the Director of the Bureau of
Justice Statistics shall submit a report containing the information described in paragraphs (1) through (26)
of subsection (a) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives."

Pub. L. 113–235, div. B, title II, Dec. 16, 2014, 128 Stat. 2191, provided in part: "That beginning not later
than 2 years after the date of enactment of this Act [div. B of Pub. L. 113–235, Dec. 16, 2014], as part of
each National Crime Victimization Survey, the Attorney General shall include statistics relating to honor
violence".

Pub. L. 106–534, §5, Nov. 22, 2000, 114 Stat. 2557, provided that:
"(a) I G
.—The Attorney General shall conduct a study relating to crimes against seniors, in

order to assist in developing new strategies to prevent and otherwise reduce the incidence of those
crimes.
"(b) I
A
.—The study conducted under this section shall include an analysis of—
"(1) the nature and type of crimes perpetrated against seniors, with special focus on—
"(A) the most common types of crimes that affect seniors;
"(B) the nature and extent of telemarketing, sweepstakes, and repair fraud against seniors;
and
"(C) the nature and extent of financial and material fraud targeted at seniors;
"(2) the risk factors associated with seniors who have been victimized;
"(3) the manner in which the Federal and State criminal justice systems respond to crimes against
seniors;
"(4) the feasibility of States establishing and maintaining a centralized computer database on the
incidence of crimes against seniors that will promote the uniform identification and reporting of such
crimes;
"(5) the effectiveness of damage awards in court actions and other means by which seniors
receive reimbursement and other damages after fraud has been established; and
"(6) other effective ways to prevent or reduce the occurrence of crimes against seniors."

Pub. L. 106–534, §6, Nov. 22, 2000, 114 Stat. 2557, provided that: "Beginning not later than 2 years after
the date of enactment of this Act [Nov. 22, 2000], as part of each National Crime Victimization Survey, the
Attorney General shall include statistics relating to—
"(1) crimes targeting or disproportionately affecting seniors;
"(2) crime risk factors for seniors, including the times and locations at which crimes victimizing
seniors are most likely to occur; and
"(3) specific characteristics of the victims of crimes who are seniors, including age, gender, race or
ethnicity, and socioeconomic status."

Pub. L. 105–301, Oct. 27, 1998, 112 Stat. 2838, as amended by Pub. L. 106–402, title IV, §401(b)(10), Oct.
30, 2000, 114 Stat. 1739, provided that:

"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Crime Victims With Disabilities Awareness Act'.
"SEC. 2. FINDINGS; PURPOSES.
"(a) F
.—Congress finds that—
"(1) although research conducted abroad demonstrates that individuals with developmental
disabilities are at a 4 to 10 times higher risk of becoming crime victims than those without disabilities,
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there have been no significant studies on this subject conducted in the United States;
"(2) in fact, the National Crime Victim's Survey, conducted annually by the Bureau of Justice
Statistics of the Department of Justice, does not specifically collect data relating to crimes against
individuals with developmental disabilities;
"(3) studies in Canada, Australia, and Great Britain consistently show that victims with
developmental disabilities suffer repeated victimization because so few of the crimes against them are
reported, and even when they are, there is sometimes a reluctance by police, prosecutors, and judges
to rely on the testimony of a disabled individual, making individuals with developmental disabilities a
target for criminal predators;
"(4) research in the United States needs to be done to—
"(A) understand the nature and extent of crimes against individuals with developmental
disabilities;
"(B) describe the manner in which the justice system responds to crimes against individuals
with developmental disabilities; and
"(C) identify programs, policies, or laws that hold promises for making the justice system more
responsive to crimes against individuals with developmental disabilities; and
"(5) the National Academy of Science Committee on Law and Justice of the National Research
Council is a premier research institution with unique experience in developing seminal, multidisciplinary
studies to establish a strong research base from which to make public policy.
"(b) P
.—The purposes of this Act are—
"(1) to increase public awareness of the plight of victims of crime who are individuals with
developmental disabilities;
"(2) to collect data to measure the extent of the problem of crimes against individuals with
developmental disabilities; and
"(3) to develop a basis to find new strategies to address the safety and justice needs of victims of
crime who are individuals with developmental disabilities.
"SEC. 3. DEFINITION OF DEVELOPMENTAL DISABILITY.
"In this Act, the term 'developmental disability' has the meaning given the term in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15002].
"SEC. 4. STUDY.
"(a) I G
.—The Attorney General shall conduct a study to increase knowledge and information
about crimes against individuals with developmental disabilities that will be useful in developing new
strategies to reduce the incidence of crimes against those individuals.
"(b) I
A
.—The study conducted under this section shall address such issues as—
"(1) the nature and extent of crimes against individuals with developmental disabilities;
"(2) the risk factors associated with victimization of individuals with developmental disabilities;
"(3) the manner in which the justice system responds to crimes against individuals with
developmental disabilities; and
"(4) the means by which States may establish and maintain a centralized computer database on
the incidence of crimes against individuals with disabilities within a State.
"(c) N
A
S
.—In carrying out this section, the Attorney General shall consider
contracting with the Committee on Law and Justice of the National Research Council of the National
Academy of Sciences to provide research for the study conducted under this section.
"(d) R
.—Not later than 18 months after the date of enactment of this Act [Oct. 27, 1998], the
Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of
Representatives a report describing the results of the study conducted under this section.
"SEC. 5. NATIONAL CRIME VICTIM'S SURVEY.
"Not later than 2 years after the date of enactment of this Act, as part of each National Crime Victim's
Survey, the Attorney General shall include statistics relating to—
"(1) the nature of crimes against individuals with developmental disabilities; and
"(2) the specific characteristics of the victims of those crimes."

§10133. Authority for 100 per centum grants
A grant authorized under this subchapter may be up to 100 per centum of the total cost of each project for which
such grant is made. The Bureau shall require, whenever feasible as a condition of approval of a grant under this
subchapter, that the recipient contribute money, facilities, or services to carry out the purposes for which the grant is
sought.
7/8

(Pub. L. 90–351, title I, §303, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1178.)

C
Section was formerly classified to section 3733 of Title 42, The Public Health and Welfare, prior to
editorial reclassification and renumbering as this section.

A prior section 303 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 201; Pub. L. 91–644, title I, §4(5), (6),
Jan. 2, 1971, 84 Stat. 1883; Pub. L. 93–83, §2, Aug. 6, 1973, 87 Stat. 201; Pub. L. 93–415, title V, §543, Sept.
7, 1974, 88 Stat. 1142; Pub. L. 94–503, title I, §111, Oct. 15, 1976, 90 Stat. 2413; Pub. L. 96–181, §15(b), Jan.
2, 1980, 93 Stat. 1316, set out requirements of State plans in order to qualify for grants for law
enforcement and criminal justice purposes, prior to the general amendment of this chapter by Pub. L. 96–
157.

§10134. Use of data
Data collected by the Bureau shall be used only for statistical or research purposes, and shall be gathered in a
manner that precludes their use for law enforcement or any purpose relating to a private person or public agency other
than statistical or research purposes.
(Pub. L. 90–351, title I, §304, formerly §305, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1179; renumbered
§304, Pub. L. 98–473, title II, §605(d), Oct. 12, 1984, 98 Stat. 2080; amended Pub. L. 109–162, title XI, §1115(b), Jan.
5, 2006, 119 Stat. 3104.)

C
Section was formerly classified to section 3735 of Title 42, The Public Health and Welfare, prior to
editorial reclassification and renumbering as this section.

A prior section 304 of Pub. L. 90–351, as added by Pub. L. 96–157, was classified to section 3734 of Title 42,
The Public Health and Welfare, prior to repeal by Pub. L. 98–473, title II, §605(c), Oct. 12, 1984, 98 Stat.
2080.

A
2006—Pub. L. 109–162 substituted "private person or public agency" for "particular individual".

8/8

Attachment 2. Proposed 2019 FIST survey form with new questions
U.S DEPARTMENT OF JUSTICE
BUREAU OF JUSTICE STATISTICS (BJS)

OMB NO. 1121-0314: Approval Expires (__/__/20__)

(REJIS ACTING AS DATA COLLECTION AGENT)

FORM FIST-1

2019 FIREARMS INQUIRY STATISTICS (FIST)

Annual Survey of Background Checks for Firearm Transfers and Permits
Please correct any errors in the name and address information that is printed below.

OFFICIAL AGENCY NAME (If different from above)
9-DIGIT NCIC-ORI NUMBER
PERSON COMPLETING THE FORM
NAME

TITLE

TELEPHONE

FAX

E-MAIL ADDRESS
RETURN INSTRUCTIONS
• Please submit your completed form by using the web reporting option at rejis.org/FIST, mailing it to the
Regional Justice Information Service (REJIS) in the enclosed postage paid envelope, or faxing each page to 1314-535-1729.
• If you have any questions, comments, or feedback about the survey, please call the FIST project manager toll
free at 1-800-531-2150, or send an e-mail to [email protected].
• Please retain a copy of your completed survey for 1 year.
Burden Statement

Federal agencies may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information,
unless it displays a currently valid OMB Control Number. Public reporting burden for this collection of information is estimated to average 25
minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,
and completing and reviewing the collection of information. Send comments regarding this burden estimate, or any other aspects of this
collection of information, including suggestions for reducing this burden, to the Director, Bureau of Justice Statistics, 810 Seventh Street, NW,
Washington, DC 20531. The Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 USC 3732), authorizes this information
collection.

•
•
•
•
•
•
•

INSTRUCTIONS FOR COMPLETING THE FORM
Please mark ‘X’ in the appropriate boxes.
If possible, please answer all questions for the entire calendar year (January through December) 2019. If data
are available for only part of the year, please supply any available information in the spaces provided.
If the answer to a question is “not available” or “unknown,” write “DK” in the space provided.
If the answer to a question is “not applicable,” write “NA” in the space provided.
If the answer to a question is “none” or “zero,” write “0” in the space provided. Please respond with zero only
when the actual total reported count is zero, as opposed to when the data are not known or unavailable.
When an exact numeric response is not available, provide an estimate and mark the estimate box next to the
number field. Please provide a brief explanation in Section II to describe how the estimates were calculated.
Please do not leave any items blank unless otherwise directed.

Section I –APPLICATIONS AND DENIALS
1. Between January 1, 2019 and December 31,
2019, how many Point of Transfer firearm
applications were recorded or retained by your
agency? (Please make an estimate if the exact counts
of applications are not known.)
Applications

Mark ‘x’ if
estimate

___________________

__________________

Long Guns

__________________

Both Handguns
and Long Guns

__________________

4. What is recorded for the reason(s) why an
application was denied?
All reasons for denial are recorded
Only the first reason found during the
background check is recorded

2. Between January 1, 2019 and December 31,
2019, how many Point of Transfer firearm
applications were denied? A denial occurs when
an applicant is prohibited from receiving a firearm
or permit that can be used to obtain a firearm
because a disqualifying factor was found during a
background check. (Please make an estimate if the
exact counts of denials are not known.)
Denials

Mark ‘x’ if
estimate

___________________

2a. How many of the Denials were for:
Handguns

__________________

Long Guns

__________________

Both Handguns
and Long Guns

__________________

Yes
No (skip to question number 6)

1a. How many of the Applications were for:
Handguns

3. Does your agency record the reason(s) why an
application was denied? (Please indicate “Yes” if your
agency had zero denials in 2019, but you would record
the reason(s) for a denial if one were processed. Please
also indicate “Yes” if you can provide estimates for
reasons for denial.)

Only the most serious charge listed on the
criminal history is recorded
Other method of recording (Please explain
below or in Comments section.)

Don’t know

5. For denials recorded in 2019, why was the
application denied? List total counts (including
zeros, where applicable) for each reason for a denial.
Please include all federal, state, and local law reasons
for denial within the most appropriate category.
Mark ‘x’ in the checkbox provided for any estimated
counts.
Transfers

Mark ‘x’ if
estimate

a. Felony indictment or
charge………………….………
b. Felony conviction…..........
c. Felony arrest with no
disposition...............................
d. Fugitive or outstanding
warrant………………………..…..
e. Domestic violence
misdemeanor…....…….….......
f. Domestic violence,
protective or restraining
order………………………..………
g. Addicted to or unlawful
user of a controlled
substance….…………….…….…
h. Mental health
commitment or
adjudication….….…..…………
i. Illegal or unlawful alien…...
j. State law prohibitor
(if not included in above
categories)………………..….…..
k. Local law prohibitor
(if not included in above
categories)………….…..………..
l. Other reasons not
included above (including
juveniles and dishonorable
discharge)………………………
(After answering this question, skip to question
number 7)

6. If possible, please estimate what proportion
(percentage) of your agency’s denials are made
up of the following reasons:
Felony arrests, charges, and convictions
Domestic violence convictions and
protective (restraining) orders
State law prohibitor (if not included in
above categories)
Other reasons not included above
(including juveniles and dishonorable
discharge)

______
______
______

______

7. Do any of the counts you provided for any of the
items throughout the survey cover only part of
the year?
Yes (please specify below or in Comments
section):
-Which counts cover only part of the year
-The months that are covered

Section II - COMMENTS
Please include any comments that would better explain how your agency collects information for firearm
transfers or permits, including the names of any permit or transfer types not listed on this form that you record,
process, or conduct background checks for. If the reported totals are estimates please provide a brief explanation
to describe how the estimates were calculated.
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________

Attachment 3. Proposed 2019 FIST survey form with screener question
U.S DEPARTMENT OF JUSTICE
BUREAU OF JUSTICE STATISTICS (BJS)

OMB NO. 1121-0314: Approval Expires (__/__/20__)

(REJIS ACTING AS DATA COLLECTION AGENT)

FORM FIST-1

2019 FIREARMS INQUIRY STATISTICS (FIST)

Annual Survey of Background Checks for Firearm Transfers and Permits
Please correct any errors in the name and address information that is printed below.

OFFICIAL AGENCY NAME (If different from above)
9-DIGIT NCIC-ORI NUMBER
PERSON COMPLETING THE FORM
NAME

TITLE

TELEPHONE

FAX

E-MAIL ADDRESS
IMPORTANT – Please answer the following questions before proceeding with the questionnaire. Mark [X]
in the appropriate box below.
Did your agency record, process, or conduct background checks for firearm transfers or permits at any time
between January 1, 2019, and December 31, 2019?
Yes  If applicable, please list any other agencies for whom you conduct these activities:
(Agency Name(s))

No  The authorized permit recording, processing, or checking agency for your jurisdiction is:
(Agency Name(s))

If your response to the above question is “No” or if the following condition applies, you do not need to
complete the questionnaire. Mark an [X] in the appropriate box below and return the survey using the
instructions below.
Agency no longer in existence
Agency employed only part-time officers AND the total combined hours of work for these officers averaged
less than 35 hours per week
RETURN INSTRUCTIONS
Please submit your completed form by using the web reporting option at rejis.org/FIST, mailing it to the
Regional Justice Information Service (REJIS) in the enclosed postage paid envelope, or faxing each page to 1314-535-1729.
• If you have any questions, comments, or feedback about the survey, please call the FIST project manager toll
free at 1-800-531-2150, or send an e-mail to [email protected].
• Please retain a copy of your completed survey for 1 year.
•

Burden Statement

OMB NO. 1121-0314: Approval Expires (__/__/20__)

•
•
•
•
•
•
•

Section I –APPLICATIONS AND DENIALS
1. Between January 1, 2019 and December 31,
2019, how many applications for Purchase
Permits (Transfer Permits) were recorded or
retained by your agency? (Please make an
estimate if the exact counts of applications are not
known.)

Mark ‘x’ if
estimate

Applications

3. Does your agency record the reason(s) why an
application was denied? (Please indicate “Yes” if
your agency had zero denials in 2019, but you would
record the reason(s) for a denial if one were
processed. Please also indicate “Yes” if you can
provide estimates for reasons for denial.)
Yes
No (skip to question number 6)
4. What is recorded for the reason(s) why an
application was denied?

___________________

All reasons for denial are recorded
2. Between January 1, 2019 and December 31,
2019, how many applications for Purchase
Permits (Transfer Permits) were denied? A denial
occurs when an applicant is prohibited from
receiving a firearm or permit that can be used to
obtain a firearm because a disqualifying factor was
found during a background check. (Please make an
estimate if the exact counts of denials are not known.)
Mark ‘x’ if
estimate

Denials

___________________

Only the first reason found during the
background check is recorded

Only the most serious charge listed on the
criminal history is recorded
Other method of recording (Please explain
below or in Comments section.)

Don’t know

Mark ‘x’ if
estimate

a. Felony indictment or
charge………………….………..
b. Felony conviction…..............
c. Felony arrest with no
disposition...............................
d. Fugitive or outstanding
warrant………………………..…..
e. Domestic violence
misdemeanor…....…….….......
f. Domestic violence,
protective or restraining
order………………………..………
g. Addicted to or unlawful
user of a controlled
substance….…………….…….…
h. Mental health
commitment or
adjudication….….…..…………
i. Illegal or unlawful alien…...
j. State law prohibitor
(if not included in above
categories)………………..….…..
k. Local law prohibitor
(if not included in above
categories)………….…..………..
l. Other reasons not
included above (including
juveniles and dishonorable
discharge)………………………
(After answering this question, skip to question
number 7)

6. If possible, please estimate what proportion
(percentage) of your agency’s denials are made
up of the following reasons:
Felony arrests, charges, and convictions

______

Domestic violence convictions and
protective (restraining) orders

______

State law prohibitor (if not included in
above categories)
Other reasons not included above
(including juveniles and dishonorable
discharge)

______

Attachment 4. Selected screen shots of proposed 2019 FIST web form

Attachment 5. 60-day notice
Federal Register / Vol. 85, No. 44 / Thursday, March 5, 2020 / Notices
1. Conserve and restore wetlands,
agricultural lands, grasslands, forests,
and rangeland habitats;
2. Promote opportunities and expand
access to hunting and shooting sports on
public and private lands;
3. Encourage hunting and shooting
safety by developing ranges on public
lands;
4. Recruit and retain new shooters
and hunters;
5. Increase public awareness of the
importance of wildlife conservation and
the social and economic benefits of
hunting and shooting; and
6. Encourage coordination among the
public; hunting and shooting sports
community; wildlife conservation
groups; and Federal, State, Tribal, and
territorial governments.
To obtain more information on
Council duties and to see a copy of the
Council’s charter, visit the Council
website at https://www.fws.gov/hsscc/.
Member Terms and Vacancies To Fill
We are requesting nominations to fill
vacancies to represent the following
organizations/entities:
• U.S. hunters actively engaged in
domestic and/or international hunting
conservation;
• Archery, hunting, and/or shooting
sports industry;
• Tourism, outfitter, and/or guide
industries related to hunting and/or
shooting sports;
• Tribal resource management
organizations;
• Agriculture industry;
• Ranching industry; and
• Veterans’ service organizations.

khammond on DSKJM1Z7X2PROD with NOTICES

Nomination Method and Eligibility
Each nomination should include a
resume providing an adequate
description of the nominee’s
qualifications, including information
that would enable the Department of the
Interior to make an informed decision
regarding meeting the membership
requirements of the Council and allow
the Department of the Interior to contact
a potential member. Current members
are eligible to be nominated for
reappointment to the Council.
(Authority: 5 U.S.C. Appendix 2)
Douglas Hobbs,
Acting Assistant Director—External Affairs.
[FR Doc. 2020–04463 Filed 3–4–20; 8:45 am]
BILLING CODE 4333–15–P

VerDate Sep<11>2014

16:20 Mar 04, 2020

Jkt 250001

permitting electronic submission of
responses.

DEPARTMENT OF JUSTICE
[OMB Number 1121–0314]

Agency Information Collection
Activities: Proposed Collection;
Comments Requested; Extension, With
Change, of a Previously Approved
Collection: Firearm Inquiry Statistics
(FIST) Program
Bureau of Justice Statistics,
Department of Justice.
ACTION: 60-Day notice.
AGENCY:

The Department of Justice
(DOJ), Office of Justice Programs,
Bureau of Justice Statistics, will be
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 May
4, 2020.
FOR FURTHER INFORMATION CONTACT: If
you have additional comments
especially on the estimated public
burden or associated response time,
suggestions, or need a copy of the
proposed information collection
instrument with instructions or
additional information, please contact
Connor Brooks, Statistician, Law
Enforcement Statistics Unit, Bureau of
Justice Statistics, 810 Seventh Street
NW, Washington, DC 20531 (email:
[email protected]; phone: 202–
514–8633).
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 Bureau of Justice
Statistics, 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.,
SUMMARY:

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Frm 00056

Fmt 4703

Sfmt 4703

12941

Overview of This Information
Collection:
(1) Type of Information Collection:
Extension of a currently approved
collection.
(2) The Title of the Form/Collection:
2019–2021 Firearm Inquiry Statistics
Program.
(3) The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
The form number is FIST–1. The
applicable component within the
Department of Justice is the Bureau of
Justice Statistics, Office of Justice
Programs.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Through the Firearm Inquiry
Statistics (FIST) Program, the Bureau of
Justice Statistics (BJS) obtains
information from state and local
checking agencies responsible for
maintaining records on the number of
background checks for firearm transfers
or permits that were issued, processed,
tracked, or conducted during the
calendar year. Specifically, state and
local checking agencies are asked to
provide information on the number of
applications and denials for firearm
transfers received or tracked by the
agency and reasons why applications
were denied. BJS combines these data
with the Federal Bureau of
Investigation’s (FBI) National Instant
Criminal Background Check System
(NICS) transaction data to produce
comprehensive national statistics on
firearm applications and denials
resulting from the Brady Handgun
Violence Prevention Act of 1993 and
similar state laws governing background
checks and firearm transfers. BJS also
plans to collect information from the
Bureau of Alcohol, Tobacco, Firearms,
and Explosives (ATF) on denials
screened and referred to ATF field
offices for investigation and possible
prosecution. BJS publishes FIST data on
the BJS website in statistical tables and
uses the information to respond to
inquiries from Congress, federal, state,
and local government officials,
researchers, students, the media, and
other members of the general public
interested in criminal justice statistics.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: A projected 1,394 respondents
will take part in the FIST data collection
with an average of 25 minutes for each
to complete the FIST survey form.
6) An estimate of the total public
burden (in hours) associated with the

E:\FR\FM\05MRN1.SGM

05MRN1

12942

Federal Register / Vol. 85, No. 44 / Thursday, March 5, 2020 / Notices

collection: The estimated public burden
hours associated with this collection is
581 hours annually.
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: March 2, 2020.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2020–04500 Filed 3–4–20; 8:45 am]
BILLING CODE 4410–18–P

DEPARTMENT OF LABOR
Guidance Documents
Office of the Assistant
Secretary for Policy (OASP), Labor.
ACTION: Notice of availability.
AGENCY:

The Department of Labor (the
Department) is publishing this notice
pursuant to an Executive Order to
announce and describe the public-facing
guidance website that will contain the
Department’s Guidance Documents, as
described under the Executive Order.
ADDRESSES: The Department’s guidance
website is available on its website at
https://www.dol.gov/guidance.
FOR FURTHER INFORMATION CONTACT: Erin
FitzGerald, U.S. Department of Labor,
Office of the Assistant Secretary for
Policy, 200 Constitution Avenue NW,
Room S–2312, Washington, DC 20210,
202–693–5959 [This is not a toll-free
number].
SUPPLEMENTARY INFORMATION: On
October 9, 2019, President Trump
issued Executive Order 13891,
‘‘Promoting the Rule of Law Through
Improved Agency Guidance
Documents,’’ directing federal agencies
to establish a single, searchable, website
that contains all current guidance
documents. The Department’s guidance
website is available at https://
www.dol.gov/guidance.
As part of this process, the
Department is undertaking a detailed
and comprehensive review of guidance
documents issued by Department
agencies to determine whether such
guidance aligns with the law and
Administration policy and otherwise
serves an appropriate and useful
purpose. Guidance which is outdated,
superseded, invalid, unhelpful,
confusing, redundant, outside an
agency’s appropriate role, or contrary to
law or policy is being rescinded or

khammond on DSKJM1Z7X2PROD with NOTICES

SUMMARY:

VerDate Sep<11>2014

16:20 Mar 04, 2020

Jkt 250001

modified. This process is ongoing and
the Department’s guidance website
collects decisions to retain guidance to
date. The website is intended to provide
transparency to the regulated
community by creating a ‘‘one-stop
shop’’ for locating guidance documents,
which will also continue to be available
on agency websites in their usual
locations. The E.O. gives agencies until
June 27, 2020, to add to the website any
guidance missed during their initial
review. Any documents still under
review after February 28, 2020 will be
added to the website when those
decisions have been finalized.
Guidance documents that are not
currently searchable through the search
tool will continue to be available on the
individual DOL agency websites. DOL
will continue to refine its website as
needed to enhance user accessibility
and usability.
Agencies will continue to publish
guidance documents on their own
websites and all new guidance
documents will be searchable from
http://www.dol.gov/guidance. DOL
welcomes input from the public
regarding guidance that should be
retained, rescinded, or modified.
Comments should be submitted to
[email protected].
Jonathan Wolfson,
Regulatory Reform Officer, Deputy Assistance
Secretary, Office of the Assistant Secretary
for Policy.
[FR Doc. 2020–04469 Filed 3–4–20; 8:45 am]
BILLING CODE 4510–HX–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2006–0040]

SGS North America, Inc.: Applications
for Expansion of Recognition and
Proposed Modification to the NRTL
Program’s List of Appropriate Test
Standards
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:

In this notice, OSHA
announces the applications of SGS
North America, Inc., for expansion of
recognition as a Nationally Recognized
Testing Laboratory (NRTL) and presents
the agency’s preliminary finding to
grant the applications. Additionally,
OSHA proposes to add four test
standards to the NRTL Program’s list of
appropriate test standards.
DATES: Submit comments, information,
and documents in response to this
SUMMARY:

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Frm 00057

Fmt 4703

Sfmt 4703

notice, or requests for an extension of
time to make a submission, on or before
March 20, 2020.
ADDRESSES: Submit comments by any of
the following methods:
Electronically: You may submit
comments and attachments
electronically at: https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer
than 10 pages, you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
using this method, you must submit a
copy of your comments and attachments
to the OSHA Docket Office, Docket No.
OSHA–2006–0040, Occupational Safety
and Health Administration, U.S.
Department of Labor, Room N–3653,
200 Constitution Avenue NW,
Washington, DC 20210. Deliveries,
(hand, express mail, messenger, and
courier service) are accepted during the
Docket Office’s normal business hours,
10:00 a.m. to 3:00 p.m., ET.
Instructions: All submissions must
include the agency name and the OSHA
docket number (OSHA–2006–0040).
OSHA places comments and other
materials, including any personal
information, in the public docket
without revision, and these materials
will be available online at http://
www.regulations.gov. Therefore, the
agency cautions commenters about
submitting statements they do not want
made available to the public, or
submitting comments that contain
personal information (either about
themselves or others) such as Social
Security numbers, birth dates, and
medical data.
Docket: To read or download
comments or other material in the
docket, go to https://
www.regulations.gov or the OSHA
Docket Office at the above address. All
documents in the docket (including this
Federal Register notice) are listed in the
https://www.regulations.gov index;
however, some information (e.g.,
copyrighted material) is not publicly
available to read or download through
the website. All submissions, including
copyrighted material, are available for
inspection at the OSHA Docket Office.
Extension of comment period: Submit
requests for an extension of the
comment period on or before March 20,
2020 to the Office of Technical
Programs and Coordination Activities,
Directorate of Technical Support and
Emergency Management, Occupational

E:\FR\FM\05MRN1.SGM

05MRN1

Attachment 6. Comment received from 60-day notice

Russell Vought
Acting Director
The Office of Management and Budget
725 17th Street, NW
Washington, DC 20503
The Honorable Katharine Sullivan
Assistant Attorney General
U.S. Department of Justice, OJP
810 Seventh Street, NW
Washington, DC 20531
Jeffrey Anderson
Director
Bureau of Justice Statistics
810 Seventh Street, NW
Washington, DC 20531
May 1, 2020
Re: Comments in Response to Notice Regarding “Agency Information Collection Activities: Proposed
Collection; Comments Requested; Extension, With Change, of a Previously Approved Collection:
Firearm Inquiry Statistics (FIST) Program,” 85 Fed. Reg. 12941 (March 5, 2020)
Dear Director Vought, Assistant Attorney General Sullivan and Director Anderson,
Brady writes to support the requested extension and changes to the 2019-2021 data collection process
of the Firearm Inquiry Statistics Program (FIST), and to encourage greater transparency of data reflecting
firearm transfer denials at the point of transfer.
Under 42 U.S.C. § 3731, the Bureau of Justice Statistics (BJS) is authorized to collect and publish
“statistical information concerning crime, juvenile delinquency, and the operation of the criminal justice
system and related aspects of the civil justice system” for research and statistical purposes, giving
“primary emphasis to the problems of State and local justice systems.”
BJS began the FIST Program in 1995 as a means to produce comprehensive annual national statistics on
firearm application and denial activities pursuant to the Brady Handgun Violence Prevention Act of 1993
(the Brady Act) (Pub. L. No. 103-159, 107 Stat. 1536 (1993), codified as amended at 18 U.S.C. § 921 et
seq.) and similar state laws. The FIST program collects counts of background checks for firearm transfers
and carry permits conducted by state and local agencies and combines this information with the Federal

Bureau of Investigation’s (FBI) National Instant Criminal Background Check System (NICS) transaction
data to produce national estimates of background check activity.
BJS also obtains information on reasons why firearm applications are denied and receives information
from Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Denial Enforcement and NICS
Intelligence (DENI) Branch on FBI denials screened and referred to ATF field offices for investigation and
possible prosecution. Further, the FIST survey includes questions about how agencies track reasons for
denial and on agency needs related to improved data tracking capabilities.
The FIST Program data collection is authorized in order to implement the Brady Act and the National
Criminal History Improvement Program (NCHIP) and NICS Act Record Improvement Program (NARIP).
The NARIP implements the grant provisions of the NICS Improvement Amendments Act (NIAA) of 2007
(Pub. L. No. 110-180) (18 U.S.C. § 922 note).
I. Evaluate whether the proposed collection of information is necessary for the proper
performance of the functions of the Bureau of Justice Statistics, including whether the
information will have practical utility
The FIST Program creates a unique data set that reflects applications for firearms transfers and permits
to both federal and state background check systems, producing a national estimate of the number of
firearm applications received and denied annually. In addition, the FIST program collects the reasons for
the transfer or permit denial.
Application and denial data allow researchers and policymakers to better understand how U.S. gun
policies work to prevent prohibited purchasers from obtaining and carrying firearms. In addition to
understanding how many people have been blocked from buying a gun after failing background checks,
and how those rates have shifted over time, information about the reasons for denials is valuable for
policymakers, especially as it relates to state-level prohibitors.
Understanding whether the denials stem from state or federal prohibitors—and what that prohibitor
is—is imperative in determining whether new state laws are effective in preventing someone who could
pose a danger to his or herself or others from obtaining a firearm. It is useful for policymakers to
understand the reasons for NICS denials, especially because various state laws have created additional
categories of prohibited firearm purchasers. Further, this information can provide evidence of the need
for increased reporting from state and local agencies to ensure that information is adequately and
efficiently entered into the NICS. For example, when Connecticut began reporting individuals with gundisqualifying mental health records to the NICS system (mental health adjudications), the number of
crimes committed by these individuals decreased by 50%.1 Cross-checking that information with
increased rates of state denials in Connecticut due to mental illness can provide substantial evidence
that the increased reporting as a result of the new law is preventing at-risk individuals from obtaining
weapons. This information can be crucial to lawmakers attempting to ensure public safety.
For this reason, we support the requested extension of the FIST Program to include data collection from
all local checking agencies in Georgia, Minnesota, and Washington. While the weighted sampling of local
1 Jeffrey W. Swanson et al., Preventing Gun Violence Involving People with Serious Mental Illness, in REDUCING GUN VIOLENCE
IN AMERICA: INFORMING POLICY WITH EVIDENCE AND ANALYSIS 33, 33–51 (Daniel W. Webster & Jon S. Vernick, eds., 2013).

agencies in those three states has produced helpful information, the requested census of local checking
agencies will produce more accurate national estimates, as well as more accurate and actionable
information for state policymakers in those three jurisdictions.
Similarly, the requested change to differentiate between applications/denials for handguns, long guns,
or both will improve researchers’ and policymakers’ understanding of the background check process and
the interplay of state and federal law. Thus, the proposed collection of information will further the
proper performance of the BJS’s functions by providing more accurate data, and have practical utility in
making our communities safer.
II. Evaluate whether and if so how the quality, utility, and clarity of the information to be
collected can be enhanced
The FIST Program started collecting information on the reasons for denials at points of transfer with the
2016 administration of the survey. The FIST Program also collects information from the FBI and ATF as to
the denials referred to ATF field offices for investigation and possible prosecution. While accurate data
about prosecutions of people who lie to acquire guns is important, Brady recommends the FIST Program
should also acquire and report data on the gun dealers who knowingly or willfully facilitate such sales,
and whether these dealers have been referred for investigation and possible prosecution.
According to the most recently available national data, the retail gun dealers responsible for selling the
majority of crime guns are a fraction of the total gun industry: about 90% of guns recovered by law
enforcement are traced back to just 5% of federally licensed firearms dealers.2 However, the federal
government’s regulatory oversight of these dealers is severely limited. In Fiscal Year 2018, federal
agents inspected only 10,323 of the more than 135,000 federal firearms licensees (FFLs) in the United
States. Over half of the inspected FFLs were cited for violating the law, yet ATF revoked the licenses of
less than 0.5% of dealers that were actually inspected (and less than .05% of all FFLs). 3 Because of the
availability of ATF inspection data, researchers and policymakers at least have an understanding of the
scope and effectiveness of federal regulatory actions with regard to problematic dealers.
Unfortunately, there is not a similar nationwide data set to analyze with regard to federal criminal
prosecutions of dealers. With greater data transparency on dealer referrals and prosecutions,
researchers and policymakers would be able to analyze patterns of dealer misconduct across states and
measure the impact of dealer referrals and prosecutions on gun trafficking and other practices that
divert firearms into the illegal market. The FIST Program is uniquely situated to collect data on dealer
referrals and prosecutions as part of the existing process of data collection of purchaser denials referred
by ATF and/or the FBI to prosecutors. As ATF transitions from using the obsolete ATF National Field
Office Case Information System (NFOCIS) in favor of the new Spartan Case Management System, it is an
ideal time for the FIST Program to request more data on law enforcement actions.
In light of all of this, Brady encourages BJS to consider enhancing the FIST Program to include data
concerning gun dealers referrals and prosecution.

ATF, Commerce in Firearms in the United States (Feb. 2000).
See, e.g., ATF, Fact Sheet - Facts and Figures for Fiscal Year 2018 (2019), available at https://www.atf.gov/resourcecenter/fact-sheet/fact-sheet-facts-and-figures-fiscal-year-2018.
3

Finally, the overall utility of the FIST Program data would be greatly strengthened with more timely
reporting of findings. As of May 1, 2020, the most current FIST data available are 2015 survey results.
Although the survey was enhanced in significant ways with the 2016 administration, those results have
not yet been made available to the public. Brady asks that BJS prioritize the timely release of data, so
that state and federal policymakers can make informed decisions with current information.
Please contact Joshua Scharff, Counsel, Brady at [email protected] or 202-370-8105 with any
questions about this comment.
Sincerely,
Kris Brown
President
Brady
cc: Connor Brooks, Statistician, Bureau of Justice Statistics

Attachment 7. 30-day notice
Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices
DEPARTMENT OF JUSTICE
[OMB Number 1121–0314]

The Department of Justice
(DOJ), Office of Justice Programs,
Bureau of Justice Statistics, will be
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.
The proposed information collection
was previously published in the Federal
Register allowing a 60-day comment
period. BJS received one comment in
response. The comment supported
expanding the collection to a census of
all agencies rather than a sample,
changes to the questions from previous
versions of the survey, and requested
expansion of the data collection to
include information on prosecutions of
firearm dealers and timelier reporting.
BJS retained the changes to the
questions. In reviewing the
methodology, BJS decided to continue
using a sample rather than a census of
checking agencies to keep a lower total
burden. The FIST program is not able to
capture the information required to
report on prosecutions of firearm
dealers.
DATES: Comments are encouraged and
will be accepted for 30 days until
August 3, 2020.
FOR FURTHER INFORMATION CONTACT:
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 Bureau of Justice

khammond on DSKJM1Z7X2PROD with NOTICES

SUMMARY:

VerDate Sep<11>2014

21:18 Jul 01, 2020

Jkt 250001

Statistics, 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:
2019–2021 Firearm Inquiry Statistics
Program.
(3) The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
The form number is FIST–1. The
applicable component within the
Department of Justice is the Bureau of
Justice Statistics, Office of Justice
Programs.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Through the Firearm Inquiry
Statistics (FIST) Program, the Bureau of
Justice Statistics (BJS) obtains
information from state and local
checking agencies responsible for
maintaining records on the number of
background checks for firearm transfers
or permits that were issued, processed,
tracked, or conducted during the
calendar year. Specifically, state and
local checking agencies are asked to
provide information on the number of
applications and denials for firearm
transfers received or tracked by the
agency and reasons why applications
were denied. BJS combines these data
with the Federal Bureau of
Investigation’s (FBI) National Instant
Criminal Background Check System
(NICS) transaction data to produce
comprehensive national statistics on
firearm applications and denials
resulting from the Brady Handgun
Violence Prevention Act of 1993 and
similar state laws governing background
checks and firearm transfers. BJS also
plans to collect information from the
Bureau of Alcohol, Tobacco, Firearms,
and Explosives (ATF) on denials
screened and referred to ATF field

PO 00000

Frm 00067

Fmt 4703

Sfmt 4703

39935

offices for investigation and possible
prosecution. BJS publishes FIST data on
the BJS website in statistical tables and
uses the information to respond to
inquiries from Congress, federal, state,
and local government officials,
researchers, students, the media, and
other members of the general public
interested in criminal justice statistics.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: A projected 1,105 respondents
will take part in the FIST data collection
with an average of 25 minutes for each
to complete the FIST survey form.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The estimated public burden
hours associated with this collection is
460 hours annually.
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: June 26, 2020.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2020–14245 Filed 7–1–20; 8:45 am]
BILLING CODE 4410–18–P

DEPARTMENT OF LABOR
Employee Benefits Security
Administration
200th Meeting of the Advisory Council
on Employee Welfare and Pension
Benefit Plans; Notice of
Teleconference Meeting
Pursuant to the authority contained in
Section 512 of the Employee Retirement
Income Security Act of 1974 (ERISA), 29
U.S.C. 1142, the 200th open meeting of
the Advisory Council on Employee
Welfare and Pension Benefit Plans (also
known as the ERISA Advisory Council)
will be held via a teleconference on
Thursday, July 30, 2020.
The meeting will occur from 1:00 p.m.
to approximately 5:00 p.m. (ET). The
purpose of the open meeting is to set the
topics to be addressed by the Council in
2020. Also, the ERISA Advisory Council
members will receive an update from
leadership of the Employee Benefits
Security Administration (EBSA).
Instructions for the public to attend
the teleconference will be posted on the
ERISA Advisory Council’s web page at
https://www.dol.gov/agencies/ebsa/

E:\FR\FM\02JYN1.SGM

02JYN1

Attachment 8. Proposed 2019 FIST program schedule
Task #
1
Project Management

Task

Start Date

End Date

DEC (19)

MAR (21)

DEC (19)
DEC (19)

MAR (21)
MAR (21)

DEC (19)

MAR (21)

DEC (19)

APR (20)

FEB (20)

MAR (20)

APR (20)
MAR (20)

APR (20)
APR (20)

MAR (20)

APR (20)

3.1 Review, update, and maintain FIST Universe
3.1.1 Review new legislation and ATF decisions (see 2.1) for any
changes that affect the universe of checking agencies
3.1.2 Review FBI & ATF websites for updates to NICS system

DEC (19)
DEC (19)

OCT (20)
JAN (20)

DEC (19)

JAN (20)

3.1.3 Review most recent survey frame and other possible DOJ
sources for frame validation
3.1.4 Maintenance of FIST Universe using updates to frame and
info gathered from current data collection
3.2 Strategy for data collection and sample redraw

JAN (20)

FEB (20)

JAN (20)

APR (20)

3.2.1 Review strategy for data collection and sample redraw with
BJS, check for publicly available state data, include state
agencies without publicly available data in survey

JAN (20)

FEB (20)

1.1

Attend kickoff call with BJS; submit final timetable for 14month project period
1.2 Maintain regular communication with BJS through meetings
and status reports
1.2.1 Submit monthly progress reports, following BJS template
1.2.2 Bi-weekly status update calls during data collection; biweekly email updates outside collection phase
1.2.3 Overall supervision to keep the project on time and on budget
including making adjustments for unforeseen obstacles in data
collection
2

Assess and Revise Survey Instrument

2.1

Review new federal, state, and D.C. legislation and any ATF
decisions for possible impact on current survey instrument
(See also 3.1.1) and tailor forms accordingly
2.1.1 Obtain feedback about instrument from BJS; make necessary
adjustments before final approval
2.1.2 Paper form printing following BJS final approval
2.2 Maintain Web survey portal. Update web-based form to
match, as closely as possible, the paper form. Test instrument
and make necessary revisions.
2.2.1 Obtain feedback from BJS and make necessary adjustments
prior to final approval of Web form
3

Universe and Frame Development

ONGOING

3.2.2 Redraw local agency sample to achieve state level estimates
(according to current research design)
3.2.3 Collect publicly available POC data and internal reports while
performing task 3.2.1 and translate into FIST categories
3.3 Estimation and weighting
3.3.1 Design weights construction based on sample draw

MAR (20)

APR (20)

MAR (19)

MAY (19)

MAR (20)
MAR (20)

APR (20)
APR (20)

DEC (19)

JUN (20)

Provide survey protocols, data processing, quality control
MAY (20)
procedures and administration (protocols established in
project schedule, will account for any changes experienced in
prior year's collection)

JAN (21)

5.2 Respondent outreach and communication program
5.2.1 Follow-up strategy to maximze response rates; use tailored
design method with multimode follow-up where contact with
5.2.2 Preparation and mailing of survey pre-notice
5.2.3 Preparation and mailing of suvey packet. Includes email and
faxes to state agencies where appropriate
5.2.4 Thank you/reminder post card preparation and mailing

AUG (20)
AUG (20)

JAN (21)
JAN (21)

AUG (20)
AUG (20)

SEP (20)

5.2.5 Preparation and mailing of second survey to nonrespondents

SEP (20)

5.2.6 Final contact: phone follow-up with nonrespondents

OCT (20)

NOV (20)

5.2.7 Update state and local agencies' contact information

AUG (20)

JAN (21)

OMB Clearance

4.1

Provide materials as needed by BJS for OMB clearance for
FIST data collection

Survey Administration and Data Collection Procedures

5.1

5.2.8 Continue any outstanding follow up until collection closeout
5.3

6
6.1

Obtain FBI NICS federal data and ATF DENI Branch data

NOV (20)

JAN (21)

JAN (20)

JUN (20)

NOV (20)

APR (21)

NOV (20)

DEC (20)

JAN (21)

Final Verification and Dataset
Final verification procedures

6.1.1 Verification of POC publicly available and internal report
data
6.1.2 Double data entry for paper surveys; clean data and arrange
for analysis

6.1.3 Analyze & interpret state and local data; create national
estimate from all levels of data
6.1.4 Non-response ajustments to account for out of scope agencies
and non-response among agencies
6.1.5 Mean value imputation for item missing data

FEB (21)

APR (21)

6.1.6 Generation of standard errors and confidence intervals around
estimates
6.2 Nonresponse bias study of unit and item nonresponse

APR (21)

ARP (21)

6.2.1 Comparison of respondents to non-respondents using
auxiliary data, within state and category size
6.2.2 Comparison of states with 80% response (or greater) to those
with less than 80% response
6.2.3 Compilation of analyses for nonresponse bias assessment
(will inform technical report)
6.3 Final dataset and codebook

MAY (21) JUN (21)

6.3.1 Provide BJS with SPSS files, codebook, and syntax for
cleaning and processing data
6.3.2 Incorporate any BJS changes into final dataset

MAY (21)

JUN (21)

MAY (21)

6.3.3 Submit final dataset and codebook for archiving according to
BJS criteria

JUN (21)

MAY (21) JUN (21)

MAY (21) JUN (21)
MAY (21) JUN (21)
MAY (21) JUN (21)

Reports and Dissemination of Findings

7.1

Submit end of study technical report to BJS

JUN (21)

7.2

Report of main data findings for publication

MAR (21)

MAY (21)

7.2.1 Complete statistical tables & notes to accompany tables

MAR (21)

APR (21)

7.2.2 Write summary findings, background information &
methodology sections for publication
7.2.3 Send first draft to BJS for review

APR (21)

7.2.4 Respond to BJS requests for changes (Iterative), brief senior
BJS staff as needed
7.2.5 Submit final report to BJS

APR (21)

MAY (21)

7.3

Assist BJS with inquiries from media and other external
entities

Continuous

Attachment 9. Proposed 2019 Survey Correspondence
Firearm Inquiry Statistics (FIST) Program

Examples included:
•

Pre-notification letter template

•

First cover letter template

•

First follow-up postcard text

•

Second cover letter template

•

Phone script for follow-up calls

____ __, 2020
«AddressBlock» [Send by email or by regular mail if no email address is on file]
«GreetingLine»
I am writing to inform you that within the next few weeks you will receive a request to complete a brief
survey from the Bureau of Justice Statistics (BJS) for the Firearm Inquiry Statistics (FIST) Program.
BJS began the FIST survey in 1995 to provide national estimates of the total number of firearm transfer
applications received and denied pursuant to the Brady Act and similar state laws. The survey collects
counts of firearm transfer and permit checks conducted by state and local agencies and combines this
information with the Federal Bureau of Investigation (FBI) National Instant Criminal Background Check
System (NICS) transaction data to produce national estimates of background check activity. The Regional
Justice Information Service (REJIS) is the data collection agent for the FIST Program and is authorized to
collect data on behalf of BJS.
Additional information on reasons for denials and law enforcement actions the FBI and the Bureau of
Alcohol, Tobacco, Firearms, and Explosives (ATF) take against denied persons is also collected. BJS
presents all of this information in the Background Checks for Firearms Transfers statistical series, found
at: (https://www.bjs.gov/index.cfm?ty=dcdetail&iid=246).
Our records indicate that your agency currently collects information on «PERMIT/CHECK_TYPE»
applications for the state of «STATE_NAME». The survey takes approximately 25 minutes to complete,
and REJIS will be available to answer any questions you may have about the survey or FIST data.
Your participation in this data collection is critical to ensuring the reliability of national estimates
produced for firearm background check activities. On behalf of BJS and REJIS, I thank you in advance
for your support of the FIST Program and participation in the 2019 data collection. Should you have any
immediate questions please feel free to contact Connor Brooks, FIST Program Manager, at 202-514-8633,
or [email protected].
Sincerely,

Jeffrey H. Anderson
Director

____ __, 2020
«AddressBlock» [Send by email or by regular mail if no email address is on file]
«GreetingLine»
I am writing to request your participation in the 2019 Firearm Inquiry Statistics (FIST) survey. You
should have received a letter from Bureau of Justice Statistics (BJS) Director Jeffrey H. Anderson
introducing this effort. BJS has conducted this survey since 1995 with assistance from the Regional
Justice Information Service (REJIS). Data provided by your agency and other agencies from across the
nation will be combined to produce a national estimate of firearm applications and denials, along with
reasons for denials. The data obtained will be published in the “Background Checks for Firearm
Transfers” series on the BJS website (https://www.bjs.gov/index.cfm?ty=dcdetail&iid=246).
[Email recipients] You may complete the survey on our secure web site by going to rejis.org/FIST; then
click the survey link and enter your User ID («UserID») and Password «WebPsswd». If you prefer a
paper survey, please inform REJIS (contact information is below) and they will mail you a survey
promptly.
[Regular mail recipients] The enclosed survey is designed to capture your agency’s data for the 2019
calendar year. Instructions for completing and returning the survey are included on the form. You may
return the form by mail using the enclosed postage-paid envelope, by fax to 314-535-1729, or by email to
[email protected]. There is also the option for you to complete the survey on our secure web site by going to
rejis.org/FIST; then click the survey link and enter your User ID («UserID») and Password
«WebPsswd».
We would greatly appreciate your return of a completed survey by ______ __, 20__.
Participation by your agency in this voluntary effort will continue to allow BJS to provide a wealth of
data for policymakers, researchers, administrators, and others who use the data to study background check
trends and activities nationwide and to understand the impact of the Brady Act and its enforcement. All
data collected are summary statistics of an administrative nature and do not support identification of any
individual. Data collected will be archived at the National Archive of Criminal Justice Data.
Thank you for your support of the FIST program and contributions to the FIST data collection. BJS and
REJIS greatly appreciate your efforts. Please feel free to contact me if you have any questions or concerns
about this request at [email protected] or 202-514-8633. You may direct general comments,
feedback, or questions about the FIST program to the FIST Project Manager, Ron Frandsen, at 1-800531-2150 or 314-633-0320, or send an e-mail to [email protected].
Sincerely,

Connor Brooks
BJS Program Manager

Text of Thank You / First Follow-up Postcard:

______ __, 2020
On ____ __, 2020, the Firearm Inquiry Statistics (FIST) survey was [emailed] [mailed] to you as part
of a data collection effort on behalf of the Bureau of Justice Statistics.
If you have already completed and returned the survey, please accept our sincere thanks.
If not, we request that you do so as soon as possible so that we can complete our efforts
to produce national estimates of the total number of firearm transfer and permit
applications and denials resulting from the Brady Act and similar state laws. Your
efforts are critical to ensure the reliability of these estimates.
If you did not receive the survey or if it was misplaced, please call us toll-free at
1-800-531-2150 and we will send you another one right away.
Thank you again for your efforts.
Ron Frandsen, FIST Project Manager

______ __, 20__
Board of Directors
Open
Chairman
Chief Jon Belmar
Vice Chairman
Ms. Cindy Riordan
Secretary–Treasurer

Chief John Hayden
Chief Michael Wiegand
Mr. Richard M. Torack
Mr. Dennis Gannon

Daniel Isom, PhD.
Executive Director
Retired Police Chief,
City of St. Louis

On ____ __, 20__ we [emailed a survey link] [mailed a survey packet] to your office, on
behalf of the Bureau of Justice Statistics (BJS), and asked for data from your agency on
firearm transfers or permits, including counts for applications, denials, and reasons for
denials. According to our records, the tallies for your agency have not been returned as of
this date.
We are writing again because of the importance of your agency’s totals in helping us
obtain accurate data for “Background Checks for Firearm Transfers,” a series published
on the BJS website (https://www.bjs.gov/index.cfm?ty=dcdetail&iid=246). In order to
accurately paint a portrait of firearms background check activity pursuant to the Brady
Act and similar state laws, we need your input.
If you have already submitted your agency’s data for 2019 and we have not yet received
it, we sincerely thank you for your participation. If you still need to submit your data, a
survey is enclosed with this letter to collect background check data recorded by your
agency for 2019. The materials can be returned by fax to 314-535-1729, by email
([email protected]), or by mail in the enclosed, postage-paid envelope. We encourage you to
avail yourself of the secure Web reporting option as well. To complete the survey online,
please go to rejis.org/FIST and enter your User ID (__) and Password (__). In order
for us to complete our analyses of the 2019 data, please return the completed survey
by _____ __, 2020.
Thank you for your assistance and continued participation in this important effort. If you
have any questions, comments, or concerns about this request, or if there is any way we
may be of assistance to you, please contact us by phone at 1-800-531-2150 or by email at
[email protected].
Sincerely,

Ron Frandsen
FIST Project Manager

4255 West Pine Blvd | St. Louis, MO 63108 | [O] (314) 535-1950 | [F] (314) 535-1729 | REJIS.org

FIST Phone Script – 2019 Data Collection
Hello, my name is _______ and I’m calling from the Regional Justice Information Service. May I please
speak with [CONTACT 1 (or 2 if needed)]? (If contact no longer there, ask for person in charge of
[relevant transfer/permit type]. Leave your contact information if leaving a message).
We recently mailed the Firearm Inquiry Statistics Program survey – also known as FIST -- to you on
behalf of the Bureau of Justice Statistics. We are asking for summary data from 2019 on applications and
denials for _____. (Agency-appropriate terminology is included on call sheet.)
We have previously mailed two FIST surveys to your agency but have not received a response, so I am
calling to see if you received the survey.
•

If no  offer to send another copy by mail, fax or URL for FIST survey. VERIFY CONTACT
INFO
To access web version of the survey, supply the URL over the phone, or email:
the respondent UserID, and WebPsswrd (provided on call sheet).

•

rejis.org/FIST

If yes  would you be able to fill out the survey or complete the online version? Offer to mail or
fax survey, or offer the Web survey. Can also offer take data over the phone. This may be a
good option if respondent indicates they’ll do it “later” or hesitates to participate because it will
take too much time.

If respondent wants to know more about the FIST survey, provide a brief explanation of the survey’s
purpose and data collected:
The FIST survey is a very brief survey, run by BJS, that collects counts of firearm transfer and permit
applications and denials from state and local agencies. This information is combined with data collected
from the FBI to produce the only national estimates of background checks conducted throughout the
country. We’ve been doing this for BJS since 1996.
We anticipate the survey will take no longer than 25 minutes (likely less) to complete and we are more
than happy to walk you through it and discuss any questions you may have.
(If respondent promises to return data at a later time, ASK FOR TIMEFRAME IN WHICH WE CAN
EXPECT A RESPONSE!)
On behalf of BJS and REJIS, thank you for your time!
*NOTE: If you get a refusal because the respondent doesn’t want to share info with the federal
government (as sometimes happens), you can let them know that the FBI already publishes data on every
state on their website, of all inquiries to the system. So that data is already publicly available, but the FBI
lacks certain data that state and local agencies can provide. What FIST tries to do is get a picture of
background check activity as accurately as possible.

Attachment 10. Data sources for 2019 FIST program, by jurisdiction
FBI reports NICS
handgun & long gun FBI reports only
State agency reports Local agencies
Jurisdiction
data1
NICS long gun data data for entire state2 report data2
Total
31
7
34
13
Alabama
X
X
Alaska
X
X
Arizona
X
X
Arkansas
X
X
California
X
Colorado
X
Connecticut
X
Delaware
X
District of Columbia
X
X
Florida
X
Georgia
X
X
Hawaii
X
Idaho
X
X
Illinois
X
Indiana
X
Iowa
X
X
Kansas
X
X
Kentucky
X
X
Louisiana
X
X
Maine
X
Maryland
X
X
Massachusetts
X
X
Michigan
X
X
Minnesota
X
X
X
Mississippi
X
X
Missouri
X
Montana
X
X
Nebraska
X
X
X
Nevada
X
X
New Hampshire
X
X
New Jersey
X
New Mexico
X
New York
X
X
North Carolina
X
X
North Dakota
X
X
Ohio
X
X
Oklahoma
X
Oregon
X
Pennsylvania
X
Rhode Island
X
X
South Carolina
X
X
South Dakota
X
X
Tennessee
X
Texas
X
X
Utah
X
Vermont
X
Virginia
X
Washington
X
X
West Virginia
X
X
Wisconsin
X
X
Wyoming
X
X
Note: States in more than one category have division of NICS checks and/or more than one type of check or permit.
1
In addition to the jurisdictions shown above, the FBI conducts all NICS transfer checks for five other U.S.
jurisdictions: American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands. These
jurisdictions are not surveyed by the FIST program.
2
State and local agencies may conduct NICS checks (as a full or partial point of contact) or conduct transfer or
permit checks required by state law. A state agency may compile data from local agencies.

Attachment 11. Proposed 2019 FIST sampling plan
Reporting
Agency Type
State agency
reporter
Sampled states

Census states

Local agencies

Total Agencies
for Potential
FIST Collection

AK, AZ, AR, CA, CO, CT, DC, FL, HI, IL, KS, KY, LA, MD, MA, MI, MN, MS, NE, NV, NH, NJ, ND, OH, OR, PA, RI, SC, TN, TX, UT, VA, WI,
WY
Population Category
GA
MN
WA
Total
1) 1-9,999
12
70
22
104
2) 10- 99,999
71
87
61
219
3) 100,000-199,999
14
2
6
22
4) 200,000+
11
2
6
19
Totals
108
161
95
364
Population Category
AL
IA
ID
MT
NC
NE
NV
NY
SD
WV
Total
1) 1-9,999
3
25
15
35
4
101
8
2
47
12
252
2) 10,000-99,999
52
68
25
17
69
25
7
33
17
40
353
3) 100,000-199,999
5
4
2
4
15
1
0
11
2
3
47
4) 200,000+
7
2
2
0
12
2
2
14
0
0
41
Totals
67
99
44
56
100
129
17
60
66
55
693

364

693
1091

File Type	application/pdf
File Modified	2020-07-02
File Created	2020-02-26