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FIST2019_2022_1121-0314_Attachments.pdf

Firearms Inquiry Statistics (FIST) Program

FIST attachments

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2019–2022 FIST OMB Attachments
Attachment 1. BJS authority
Attachment 2. FIST 2019/2020 state agency survey form with new questions
Attachment 3. FIST 2019/2020 local agency survey form with screener question
Attachment 4. Screen shots of FIST web survey template
Attachment 5. 60-day Notice
Attachment 6. Public comments received in response to 60-day notice
Attachment 7. 30-day Notice
Attachment 8. FIST 2019/2020 project schedule
Attachment 9. FIST 2019/2020 correspondence
Attachment 10. Data sources for FIST program

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
4/8

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.
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(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. FIST 2019/2020 state agency survey form with
new questions
U.S DEPARTMENT OF JUSTICE
BUREAU OF JUSTICE STATISTICS (BJS)
FORM FIST-1

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

(REJIS ACTING AS DATA COLLECTION AGENT)

2019/2020 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 years (January through December) 2019 & 2020.
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

2b. How many of the 2020 Denials were for:

How many Point of Transfer firearm applications
were recorded or retained by your agency for the
following periods: (Please make an estimate if the
exact counts of applications are not known.)
1. Between January 1, 2020 and
December 31, 2020:
2020 Applications

Mark ‘x’ if
estimate

__________________

Long Guns

__________________

Both Handguns
and Long Guns

__________________

Long Guns

__________________

Both Handguns
and Long Guns

__________________

Between January 1, 2020 and
December 31, 2020:
2020 Denials

2019 Denials

__________________

Both Handguns
and Long Guns

__________________
__________________
__________________

3. Does your agency record the reason(s) why an
application was denied? (Please indicate “Yes” if your
agency had zero denials in 2019 or 2020, 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

4. What is recorded for the reason(s) why an
application was denied?

Mark ‘x’ if
estimate

All reasons for denial are recorded
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

__________________

2a. Between January 1, 2019 and
December 31, 2019:

Both Handguns
and Long Guns

No (skip to question number 6)

How many Point of Transfer firearm applications
were denied during the following periods: (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.)
2.

__________________

Long Guns

Mark ‘x’ if
estimate

1c. How many of the 2019 Applications were for:
Handguns

Long Guns

Handguns

1b. How many of the 2020 Applications were for:
Handguns

__________________

2c. How many of the 2019 Denials were for:

__________________

1a. Between January 1, 2019 and
December 31, 2019:
2019 Applications
__________________

Handguns

Mark ‘x’ if
estimate

5. For denials recorded in 2020, 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

5a. 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.

Mark ‘x’ if
estimate

Transfers

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….….…..…………

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)………………………

Mark ‘x’ if
estimate

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 for 2019
and 2020 combined 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. FIST 2019/2020 local agency survey form
with screener question
U.S DEPARTMENT OF JUSTICE
BUREAU OF JUSTICE STATISTICS (BJS)
FORM FIST-1

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

(REJIS ACTING AS DATA COLLECTION AGENT)

2019/2020 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, 2020?
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
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.

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

•
•
•
•
•
•
•

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 or 2020.
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
How many applications for Purchase Permits
(Transfer Permits) were recorded or retained by
your agency for the following periods: (Please
make an estimate if the exact counts of applications
are not known.)
1. Between January 1, 2020 and
Mark ‘x’ if
December 31, 2020:
estimate

2020 Applications

2019 Applications

Mark ‘x’ if
estimate

__________________

How many applications for Purchase Permits
(Transfer Permits) were denied during the
following periods: (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.)
2. Between January 1, 2020 and
Mark ‘x’ if
December 31, 2020:
estimate
2020 Denials

__________________

2a. Between January 1, 2019 and
December 31, 2019:
2019 Denials

__________________

Yes
No (skip to question number 6)
4. What is recorded for the reason(s) why an
application was denied?

__________________

1a. Between January 1, 2019 and
December 31, 2019:

3. Does your agency record the reason(s) why an
application was denied? (Please indicate “Yes” if
your agency had zero denials in 2019 or 2020
, 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.)

Mark ‘x’ if
estimate

All reasons for denial are recorded
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

Permits

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 4. Screen shots of FIST web survey template

XM 2018 FIST Survey

+
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iliili https://rejis.col .qualtrics.com/jfe/form/SV_cTscLTeLL8FJC7z

67%

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l'.:l

>
=

0MB NO. 1121-0314: Approval Expires 06/30/2020

tfA.
�

Thank: you tor your time ond for completing the 2018 Firearms lnqu·ry Statistics (FIST)
survey. Data provided by your agency and other baci:ground checking agencies from
cx::ross the nation ore essentia to producing the 20l8 national estimate of firearm

part of
for Frroorm Trcnsfers· series on the BJS website ( www.!1j;.,gQY).

applications and denials. The data obtained will be published in rntd-2020 as
the lklckgrCJ2014

05:39 Jan 15, 2021

Jkt 253001

will be used to determine the eligibility
of the applicant.
Title of Collection: Certification of
blasters in Federal program states and
on Indian lands.
OMB Control Number: 1029–0083.
Form Number: OSM–74.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Individuals.
Total Estimated Number of Annual
Respondents: 18.
Total Estimated Number of Annual
Responses: 18.
Estimated Completion Time per
Response: 1 hour.
Total Estimated Number of Annual
Burden Hours: 18.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: One time.
Total Estimated Annual Nonhour
Burden Cost: $1,370.
An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Mark J. Gehlhar,
Information Collection Clearance Officer,
Division of Regulatory Support.
[FR Doc. 2021–00873 Filed 1–14–21; 8:45 am]
BILLING CODE 4310–05–P

DEPARTMENT OF JUSTICE

Agency Information Collection
Activities: Proposed Collection;
Comments Requested; Resinstatment
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 March
16, 2021. 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

PO 00000

Frm 00139

Fmt 4703

Sfmt 4703

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.,
permitting electronic submission of
responses.
Overview of This Information
Collection

[OMB Number 1121–0314]

SUMMARY:

4125

(1) Type of Information Collection:
Reinstatement of the Firearm Inquiry
Statistics Program.
(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

E:\FR\FM\15JAN1.SGM

15JAN1

4126

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Notices

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 1,091 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
455 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: January 12, 2021.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2021–00929 Filed 1–14–21; 8:45 am]
BILLING CODE 4410–18–P

DEPARTMENT OF LABOR
[Docket No. DOL–2021–0001]

Guidance Regarding Department of
Labor Grants
Office of the Assistant
Secretary for Administration &
Management, Department of Labor.
ACTION: Notice.
AGENCY:

VerDate Sep<11>2014

05:39 Jan 15, 2021

Jkt 253001

The Department of Labor
publishes its ‘‘Guidance Regarding
Department of Labor Grants’’ detailing
the general rules regarding equal
protection of faith-based organizations
that govern the Department’s grant and
financial assistance programs. This
guidance is issued pursuant to
Executive Order 13798, titled
‘‘Promoting Free Speech and Religious
Liberty,’’ signed by the President on
May 4, 2017, and the related Office of
Management and Budget guidance
issued on January 16, 2020. This
guidance also reflects changes to the
Department’s regulations recently made
through the inter-agency rulemaking,
‘‘Equal Participation of Faith-Based
Organizations in the Federal Agencies’
Programs and Activities,’’ published on
December 17, 2020.
FOR FURTHER INFORMATION CONTACT: Carl
Campbell, Office of the Senior
Procurement Executive, Office of the
Assistant Secretary for Administration
and Management. Telephone: 1–202–
693–7246. TTY/TDD callers may dial
toll-free 1–800–877–8339 for further
information.
SUPPLEMENTARY INFORMATION: The
Department publishes this guidance to
protect religious liberty in the
administration of its grant and financial
assistance programs, in compliance with
Federal law. The guidance details the
ways in which the Department’s specific
regulations protect the religious freedom
of faith-based organizations that
participate in these programs, and
describes the process by which faithbased organizations can seek
exemptions from religious nondiscrimination requirements in their
employment practices. The guidance is
provided in the Appendix of this notice.
SUMMARY:

Bryan Slater,
Assistant Secretary for Administration and
Management, Department of Labor.

Appendix—Guidance Regarding
Department of Labor Grants 1
I. Purpose and Background
On May 4, 2017, the President signed
Executive Order 13798, titled ‘‘Promoting
Free Speech and Religious Liberty.’’ 2 Among
other things, Executive Order 13798
establishes a policy of promoting religious
liberty and directed the Attorney General to
provide guidance to Federal agencies on the
requirements of Federal laws and policies
1 Other than the statutory and regulatory
requirements included in the document, the
contents of this guidance do not have the force and
effect of law and are not meant to bind the public
in any way. This document is intended only to
provide clarity to the public regarding existing
requirements under the law or agency policies.
2 Exec. Order No. 13798, 82 FR 21,675 (May 4,
2017).

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Sfmt 4703

protecting religious liberty. Accordingly, on
October 6, 2017, the Attorney General issued
a memorandum advising agencies on such
laws and policies, including how they apply
to the award of grants (Attorney General
Memorandum).3 Subsequently, the Office of
Management and Budget (OMB) issued its
own guidance on January 16, 2020 (OMB
Memorandum), directing all grantadministering agencies ‘‘within 120 days of
the date of this Memorandum . . . [to]
publish policies detailing how they will
administer Federal grants in compliance with
E.O. 13798, the Attorney General
memorandum, and this Memorandum.’’ 4
The OMB and Attorney General
Memoranda make clear that Federal law
entitles religious organizations to compete on
equal footing with secular organizations for
Federal financial assistance.5 In line with
these principles, the Department of Labor
(DOL or Department) is committed to
ensuring that DOL-supported social service
programs are open to all qualified
organizations, regardless of the organizations’
religious character. In particular, any grant
rule or policy that penalizes or disqualifies
a religious organization from the right to
compete for a grant or contract because of
that organization’s religious character could
violate the Free Exercise Clause of the First
Amendment to the Constitution, or governing
DOL regulations. A rule or policy that
imposes a substantial burden on an
organization’s exercise of religion may also,
depending on the circumstances, violate the
Religious Freedom Restoration Act (RFRA).
To ensure that all organizations are treated
equally in the issuance of awards and subawards of Department grant funds, and that
Federal law’s protections for religious liberty
are faithfully adhered to, the Department is
issuing this guidance. The sections that
follow detail the general rules regarding
equal protection of faith-based organizations
that govern DOL grant programs, and the
process by which faith-based organizations
can seek exemptions from religious nondiscrimination requirements in their
employment practices.
II. Equal Treatment in Department of Labor
Programs for Faith-Based Organizations
a. Equal Participation of Faith-Based
Organizations
Faith-based organizations are eligible, on
the same basis as any other organization, to
seek DOL support or participate in DOL
programs for which they are otherwise
eligible. DOL and DOL social service
intermediary providers, as well as State and
local governments administering DOL
support, must not discriminate for or against
an organization on the basis of the
organization’s religious character, affiliation,
3 Office of Att’y Gen., Federal Law Protections for
Religious Liberty, Memorandum for All Executive
Departments and Agencies (Oct. 6, 2017).
4 Office of Mgmt. & Budget, Exec. Office of the
President, M–20–09, Guidance Regarding Federal
Grants and Executive Order 13798 (Jan. 16, 2020).
5 In addition, the Supreme Court recently
reaffirmed that the Constitution guarantees the full
participation of faith-based organizations in
publicly funded programs. See Espinoza v.
Montana Dep’t of Revenue, 140 S.Ct. 2246 (2020).

E:\FR\FM\15JAN1.SGM

15JAN1

Attachment 6. Public comments received in response to 60-day notice

Public Comments - Reinstatement of a Previously Approved Collection: FIST Program
March 11, 2021
Thank you for the opportunity to provide public comments on the Bureau of Justice Statistics,
Department of Justice proposed reinstatement of the Firearm Inquiry (FIST) Program. A call for
comments was published in the Federal Register on January 15, 2021.
Developing and implementing a data-driven federal government in which rigorous evidence
informs solutions to our nation’s most pressing health and safety challenges is critical. Nowhere
is that data foundation more needed than in the realm of firearms violence. Reliable data is a
much needed bridge to effective policy-making that can reduce the number of firearm
accidents, suicides, homicides, and assaults.
Arnold Ventures, a philanthropic organization dedicated to maximizing opportunity and
minimizing injustice, and NORC at University of Chicago, an objective non-partisan research
institution, are committed to supporting and informing efforts to ensure data driven decisions
and rigorous evidence serve as the underpinning of the nation’s health and safety challenges.
Reliable data are a critical bridge to effective policy making that can reduce the number of
firearm accidents, suicides, homicides, and assaults. To that end, Arnold Ventures and NORC
convened a panel of experts on public health and firearms violence. Launched in the summer of
2019, this expert panel on Firearms Data Infrastructure included distinguished academics,
government leaders, and trailblazing practitioners whose charge was to create a blueprint for a
better firearms data infrastructure to be implemented in both the short- and long-term.
The NORC expert panel issued recommendations that address several key problems: Firearms
data are often difficult to access; collections are narrow in scope; public release of data can lag
by years; and, few datasets and systems can be integrated. Firearms data often cannot be
accessed because of policy restrictions. Some firearms data are simply not collected. Other
firearms data can be accessed and do have valuable data but need a slight change in order to
accurately identify cases. As a result of these compounding barriers to accessible and accurate
data, the number of critical research questions that can be asked and answered is severely
constrained. As a result, important opportunities to improve community safety are missed. The
most direct path to improving the U.S. firearms data infrastructure is to reinstate discontinued
data collections that will fill critical gaps in our knowledge base.
The data collection program being considered for reinstatement is the FIST program. The FIST
collects information on firearm applications and denials, and combines this information with
the FBI's National Instant Criminal Background Check System (NICS) transaction data to produce
an estimated number of background checks for firearm transfers or permits. This program has
been in effect since the implementation of the Brady Act in 1994.
First, the reinstatement of the FIST program will have practical utility for researchers. The FIST
program is a critical link for researchers evaluating the success or failure of current laws and
practices in protecting community safety. Despite the obvious need for accurate data on
firearms ownership, use, and storage to inform effective public health strategies, there is no
official data on firearms ownership. The proposed reinstatement of FIST is one step toward the
creation of a data infrastructure that can meaningfully inform policymaking. After all, the
1

Public Comments - Reinstatement of a Previously Approved Collection: FIST Program
March 11, 2021
program is one of the very few federal data sources that even allow for basic estimates of
firearm ownership — a necessary statistic for examining the effect of gun laws and practices.
Second, a revitalized FIST program could easily be enhanced to include collection of other
critical data filling a gap in the current information that is impeding the effective use of data for
policy making. For example, FIST could collect information on how often firearms are
transferred without a passed background check due to checks not being completed within the
time allowed. FIST could also track the proportion of these transfers that were later determined
to involve a prohibited possessor, and the proportion of these where firearms were later
recovered from the prohibited purchaser.
It should be noted that to produce estimates on the number of background checks for firearm
transfers or permits the FIST program also relies upon the National Instant Criminal Background
Check System (NICS). The NICS determines whether a sale can proceed or is rejected —
inaccuracies and limitations in NICS create inaccurate reporting in FIST, and thus the FIST
program’s success is closely tied to NICS. In February 2013, the National Consortium for Justice
Information and Statistics (SEARCH) released a report describing how almost all of the data in
NICS that determines if an individual is ineligible to purchase a firearm are drawn from state
data collections that suffer from substantial gaps in information. The NORC expert panel
recommends, and we agree, that an audit should be conducted to determine precisely how
much legally required information does and does not flow into the NICS. That audit should
document specific barriers and provide recommendations for remediating those barriers,
including an estimate of the financial investment required for the database to comply with the
legal obligations in the authorizing law, the Brady Act. The expert panel further recommends
that the audit is conducted annually to ensure sustainable compliance as incomplete data
ensures that at least some dangerous individuals can legally purchase a weapon. These data
gaps are a threat to community safety and instrumental to the FIST program.
While there are limitations in the U.S. federal system of data for understanding firearms
violence, reinstating the FIST program is a step in the right direction as improvements to
firearms data infrastructure can help researchers and policy makers answer fundamental
questions on the effect of firearms laws and practices.
We appreciate the opportunity to comment on this proposed data collection effort.
Asheley Van Ness, Director of Criminal Justice, Arnold Ventures

John K. Roman, Ph.D. is a senior fellow in the Economics, Justice and Society Group at
NORC at the University of Chicago.

Rob Fairweather
Acting Director
The Office of Management and Budget
725 17th Street, NW
Washington, DC 20503
The Honorable Maureen Henneberg
Acting 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
March 15, 2021
Re: “Agency Information Collection Activities: Proposed Collection; Comments
Requested; Reinstatement of a Previously Approved Collection: Firearm Inquiry
Statistics (FIST) Program,” 86 Fed. Reg. 4125 (January 1, 2021)
Dear Director Fairweather, Assistant Attorney General Henneberg, and Director Anderson,
Brady writes to support the reinstatement of the Firearm Inquiry Statistics Program (FIST).
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 f ederal 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
federal 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 gun-disqualifying mental health
records to the NICS system (mental health adjudications), the number of violent crimes
committed by these individuals decreased by 50%.1 Cross-checking that information with
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).
1

increased rates of state denials in Connecticut due to prohibitive adjudications 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.
The reinstated collection of information will further the proper performance of the BJS’s
functions by providing 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 2019, federal agents inspected only 13,079 of the more than 130,000 federal
firearms licensees (FFLs) in the United States.3 Nearly 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).4
Unfortunately, there is not a 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 finalizes
its transition from the obsolete ATF National Field Office Case Information System (NFOCIS) to
the new Spartan Case Management System, it is an ideal time for the FIST Program to request
more data on law enforcement actions.

2
3

ATF, Commerce in Firearms in the United States (Feb. 2000).

Approximately 74,000 of all FFLs are licensed gun dealers, pawnshops, and manufacturers.

See, e.g., ATF, Fact Sheet - Facts and Figures for Fiscal Year 2019, available at
https://www.atf.gov/resource-center/fact-sheet/fact-sheet-facts-and-figures-fiscal-year-2019.
4

In light of all of this, Brady encourages BJS to consider enhancing the FIST Program to include
data concerning gun dealer referrals and prosecution.
Finally, the overall utility of the FIST Program data would be greatly strengthened with more
timely reporting of findings. As of February 24, 2021, the most current data available are 2017
survey results. In addition, 2019 data has yet to be collected and will be released
simultaneously with 2020 data. Brady asks that BJS prioritize the timely collection and release
of data, so that state and federal policymakers can make informed decisions with current
information.
Please contact Joshua Scharff, Legal Counsel, Brady at [email protected] or
202-370-8105 with any questions about this comment.
Sincerely,
Joshua Scharf
Legal Counsel and Director, Programs
Brady
cc: Connor Brooks, Statistician, Bureau of Justice Statistics

Attachment 7. 30-Day Notice
22074

Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Notices

complete the summary form; and each
incident form (an estimated 3,000
incident forms will be completed each
year, one for each incident that was
substantiated) will take about 30
minutes. The burden estimates are
based on data from the prior
administration of the SSV.
(6) An estimate of the total public
burden (in hours) associated with the
collection: There is an estimated 2,342
total burden hours per year associated
with this collection, with a combined
total of 7,026 for the three years.
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: April 21, 2021.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2021–08588 Filed 4–23–21; 8:45 am]
BILLING CODE 4410–18–P

DEPARTMENT OF JUSTICE
Office of Justice Programs
[OMB Number 1121–0314]

Agency Information Collection
Activities: Proposed Collection;
Comments Requested; Reinstatement
of a Previously Approved Collection:
Firearm Inquiry Statistics (FIST)
Program
Bureau of Justice Statistics,
Office of Justice Programs, Department
of Justice.
ACTION: 30-Day notice.
AGENCY:

The Bureau of Justice
Statistics (BJS), Office of Justice
Programs, Department of Justice (DOJ),
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. BJS
received one comment in response. The
comment supported reinstatement of the
FIST collection. It also suggested that
FIST could collect information on how
often firearms are transferred without a
passed background check due to checks
not being completed in the allowable
time. However, information on this may
be found in NICS Operations Reports.
The comment also suggested a study of
NICS data flow that is outside the scope

SUMMARY:

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18:01 Apr 23, 2021

Jkt 253001

of the immediate FIST project but
would affect the data FIST collects from
various sources.
DATES: Comments are encouraged and
will be accepted for 30 days until May
26, 2021.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
SUPPLEMENTARY INFORMATION: Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the 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.,
permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Reinstatement of a previously approved
information collection for which
approval has expired.
(2) The Title of the Form/Collection:
2019–2022 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

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Fmt 4703

Sfmt 4703

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 1,073 respondents
will take part in the 2019/2020 FIST
data collection with an average of 30
minutes for each to complete the FIST
survey form. A projected 1,006
respondents will take part in the 2021
and 2022 data collections 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
537 hours for the 2019/2020 data
collection and 419 hours annually for
the 2021 and 2022 data collections.
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.

E:\FR\FM\26APN1.SGM

26APN1

Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Notices
Dated: April 21, 2021.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2021–08587 Filed 4–23–21; 8:45 am]
BILLING CODE 4410–18–P

DEPARTMENT OF JUSTICE
Office of Justice Programs
[OMB Number 1121–0317]

Agency Information Collection
Activities; Proposed eCollection
eComments Requested;
Reinstatement, With Change, of a
Previously Approved Collection for
Which Approval has Expired: 2021
Identity Theft Supplement (ITS)
Bureau of Justice Statistics,
Office of Justice Programs, Department
of Justice.
ACTION: 30-Day notice.
AGENCY:

The Bureau of Justice
Statistics, Office of Justice Programs,
Department of Justice (DOJ), 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. Following publication of the
60-day notice, the Bureau of Justice
Statistics received no requests for the
survey instrument and two
communications containing suggestions
for revisions to the collection of data
and regarding the administration of the
instrument, which are addressed in
Supporting Statement Part A.
DATES: Comments are encouraged and
will be accepted for 30 days until May
26, 2021.
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
Erika Harrell, Statistician, Bureau of
Justice Statistics, 810 Seventh Street
NW, Washington, DC 20531 (email:
[email protected]; telephone:
202–307–0758).
SUPPLEMENTARY INFORMATION: 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
SUMMARY:

VerDate Sep<11>2014

18:01 Apr 23, 2021

Jkt 253001

‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. 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.,
permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Reinstatement of the Identity Theft
Supplement, with changes, a previously
approved collection for which approval
has expired.
(2) The Title of the Form/Collection:
2021 Identity Theft Supplement.
(3) The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
The form number for the questionnaire
is ITS–1. The applicable component
within the Department of Justice is the
Bureau of Justice Statistics, in the Office
of Justice Programs.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Respondents will be persons
16 years or older living in households
located throughout the United States
sampled for the National Crime
Victimization Survey (NCVS). The ITS
will be conducted as a supplement to
the NCVS in all sample households for
a six (6) month period. The ITS is
primarily an effort to measure the
prevalence of identity theft among
persons, the characteristics of identity
theft victims, and patterns of reporting
to the police, credit bureaus, and other
authorities. The ITS was also designed
to collect important characteristics of
identity theft such as how the victim’s
personal information was obtained; the
physical, emotional and financial
impact on victims; offender information;

PO 00000

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Fmt 4703

Sfmt 4703

22075

and the measures people take to avoid
or minimize their risk of becoming an
identity theft victim. BJS plans to
publish this information in reports and
reference it when responding to queries
from the U.S. Congress, Executive Office
of the President, the U.S. Supreme
Court, state officials, international
organizations, researchers, students, the
media, and others 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: An estimate of the total
number of respondents is 104,910. An
estimated 90.2% of respondents
(94,630) are estimated to report no
identity theft and will complete the ITS
screener and follow-up questions with
an average burden of about eight
minutes. Among the 9.8% of
respondents (10,280) who are expected
to experience at least one incident of
identity theft during the reference
period, the time to ask the screener,
incident, and follow-up questions of
identity theft is estimated to take an
average of fifteen minutes. Respondents
will be asked to respond to this survey
only once during the six-month period.
The burden estimate is based on data
from actual interview times from the
2018 ITS, an analysis of the 2021 ITS
questionnaire changes and mock
interviews done with the 2021
questionnaire.
(6) An estimate of the total public
burden (in hours) associated with the
collection: There are an estimated
15,185 total burden hours associated
with this collection.
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: April 21, 2021.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2021–08584 Filed 4–23–21; 8:45 am]
BILLING CODE 4410–18–P

NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: (21–026)]

Notice of Intent To Grant an Exclusive,
Co-Exclusive or Partially Exclusive
Patent License
National Aeronautics and
Space Administration.

AGENCY:

E:\FR\FM\26APN1.SGM

26APN1

Attachment 8. FIST 2019/2020 Project Schedule
Task #
2
2.1

Task
Assess and Revise Survey Instrument
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
Obtain feedback about instrument from BJS; make necessary adjustments
before final approval
Paper form printing following BJS final approval
Maintain Web survey portal. Update web-based form to match, as closely as
possible, the paper form. Test instrument and make necessary revisions.

Start Date

End Date

FEB (21)

MAR (21)

FEB (21)

APR (21)

APR (21)
FEB (21)

APR (21)
APR (21)

2.2.1

Obtain feedback from BJS and make necessary adjustments prior to final
approval of Web form

MAR (21)

APR (21)

3
3.1
3.1.1

Universe and Frame Development
Review, update, and maintain FIST Universe
Review new legislation and ATF decisions (see 2.1) for any changes that
affect the universe of checking agencies
Review FBI & ATF websites for updates to NICS system
Review most recent survey frame and other possible DOJ sources for frame
validation
Maintenance of FIST Universe using updates to frame and info gathered
from current data collection
Strategy for data collection and sample redraw
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
Redraw local agency sample to achieve state level estimates (according to
current research design)
Collect publicly available POC data and internal reports while performing
task 3.2.1 and translate into FIST categories
Estimation and weighting
Design weights construction based on sample draw

FEB (21)
FEB (21)

MAR (21)
MAR (21)

FEB (21)
FEB (21)

MAR (21)
MAR (21)

2.1.1
2.1.2
2.2

3.1.2
3.1.3
3.1.4
3.2
3.2.1

3.2.2
3.2.3
3.3
3.3.1
4
4.1

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

ONGOING
MAR (21)
MAR (21)

APR (21)
APR (21)

MAR (21)

APR (21)

MAR (21)

JUN (21)

MAR (21)
MAR (21)

APR (21)
APR (21)

JAN (21)

FEB (21)

Task #
5
5.1

5.2.4
5.2.5
5.2.6
5.2.7
5.2.8
5.3

Task
Survey Administration and Data Collection Procedures
Provide survey protocols, data processing, quality control procedures and
administration (protocols established in project schedule, will account for
any changes experienced in prior year's collection)
Respondent outreach and communication program
Follow-up strategy to maximze response rates; use tailored design method
with multimode follow-up where contact with
Preparation and mailing of survey pre-notice
Preparation and mailing of suvey packet. Includes email and faxes to state
agencies where appropriate
Thank you/reminder post card preparation and mailing
Preparation and mailing of second survey to nonrespondents
Final contact: phone follow-up with nonrespondents
Update state and local agencies' contact information
Continue any outstanding follow up until collection closeout
Obtain FBI NICS federal data and ATF DENI Branch data

6
6.1
6.1.1
6.1.2

Final Verification and Dataset
Final verification procedures
Verification of POC publicly available and internal report data
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
Non-response ajustments to account for out of scope agencies and nonresponse among agencies
Mean value imputation for item missing data
Generation of standard errors and confidence intervals around estimates

NOV (21)

JAN (22)

JAN (22)
JAN (22)

Nonresponse bias study of unit and item nonresponse
Comparison of respondents to non-respondents using auxiliary data, within
state and category size
Comparison of states with 80% response (or greater) to those with less than
80% response
Compilation of analyses for nonresponse bias assessment (will inform
technical report)
Final dataset and codebook
Provide BJS with SPSS files, codebook, and syntax for cleaning and
processing data
Incorporate any BJS changes into final dataset
Submit final dataset and codebook for archiving according to BJS criteria

FEB (22)
FEB (22)

MAR (22)
MAR (22)

FEB (22)

MAR (22)

FEB (22)

MAR (22)

FEB (22)
FEB (22)

MAR (22)
MAR (22)

FEB (22)
MAR (22)

MAR (22)
MAR (22)

5.2
5.2.1
5.2.2
5.2.3

6.1.4
6.1.5
6.1.6
6.2
6.2.1
6.2.2
6.2.3
6.3
6.3.1
6.3.2
6.3.3

Start Date

End Date

FEB (21)

OCT (21)

MAY (21)
MAY (21)

OCT (21)
OCT (21)

MAY (21)
MAY (21)

JUN (21)
JUN (21)
JUL (21)
MAY (21)
AUG (21)
JAN (21)

JUN (21)
JUN (21)
AUG (21)
OCT (21)
OCT (21)
JUN (21)

AUG (21)
AUG (21)
SEP (21)

JAN (22)
SEP (21)
OCT (21)

Task #
7
7.1
7.2
7.2.1
7.2.2
7.2.3
7.2.4
7.2.5
7.3

Task
Reports and Dissemination of Findings
Submit end of study technical report to BJS
Report of main data findings for publication
Complete statistical tables & notes to accompany tables
Write summary findings, background information & methodology sections
for publication
Send first draft to BJS for review
Respond to BJS requests for changes (Iterative), brief senior BJS staff as
needed
Submit final report to BJS
Assist BJS with inquiries from media and other external entities

Start Date

End Date

MAR (22)
JAN (22)
JAN (22)
FEB (22)

MAR (22)
MAR (22)
MAR (22)
FEB (22)

FEB (22)
FEB (22)

FEB (22)
MAR (22)

MAR (22)
MAR (22)
Continuous

Attachment 9. Proposed 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

, 2021
«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 30 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 2019/2020 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,

Doris J. James, Acting Director
Bureau of Justice Statistics

____ __, 2021
«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 2019/2020 Firearm Inquiry Statistics (FIST) survey. You
should have received a letter from Bureau of Justice Statistics (BJS) Acting Director Doris J. James
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
2019/2020 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:

______ __, 2021
On ____ __, 2021, 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

______ __, 2021
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 ____ __, 2021 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 2019/2020 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 and 2020. 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 and 2020 data, please return the
completed survey by _____ __, 2021.
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 – 2019/2020 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 [and 2020 if state]
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 FIST program
Data sources for 2019-2022 FIST program, by jurisdiction

Jurisdiction
Total

FBI reports NICS
State agency reports Local agencies
handgun & long gun FBI reports only
1
2
2
NICS long gun data data for entire state report data
data
31
7
34
12

3
X
Alabama
X
X
Alaska
X
X
Arizona
X
X
Arkansas
X
California
X
Colorado
X
Connecticut
X
Delaware
X
X
District of Columbia
X
Florida
X
X
Georgia
X
Hawaii
X
X
Idaho
X
Illinois
X
Indiana
X
X
Iowa
X
X
Kansas
X
X
Kentucky
X
X
Louisiana
X
Maine
X
X
Maryland
X
X
Massachusetts
X
X
Michigan
X
X
X
Minnesota
X
X
Mississippi
X
Missouri
X
X
Montana
X
X
X
Nebraska
X
X
Nevada
X
X
New Hampshire
X
New Jersey
X
New Mexico
X
X
New York
X
X
North Carolina
X
X
North Dakota
X
X
Ohio
X
Oklahoma
X
Oregon
X
Pennsylvania
X
X
Rhode Island
X
X
South Carolina
X
X
South Dakota
X
Tennessee
X
X
Texas
X
Utah
X
Vermont
X
Virginia
X
X
Washington
X
X
West Virginia
X
X
Wisconsin
X
X
Wyoming
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.

Local checking agencies sampled for partial-year data in 2019.

File Type	application/pdf
File Modified	2021-04-26
File Created	2020-02-26