Van Hollen Presses FBI for National Law Enforcement Use-of-Force Data

Today, U.S. Senator Chris Van Hollen (D-Md.) sent a letter to Federal Bureau of Investigations (FBI) Director Christopher Wray seeking data on the national use of force by law enforcement officials. The Senator originally requested this data from the FBI following a hearing last year in the Senate Appropriations Subcommittee on Commerce, Justice and Science. The FBI has still not responded to the Senator’s questions, despite the Committee’s repeated attempts to follow up for responses to these and other Senators’ questions, admonishing the FBI for its lack of responsiveness to lawmakers exercising their oversight duties. The Senator stresses the need for this data to hold law enforcement officials accountable and address racial bias. As noted in his letter, the National-Use-of-Force database was created following several high-profile incidents between law enforcement officers and unarmed civilians to remedy a serious data deficiency and collect information on incidents involving use of force.

The Senator begins, “I write concerning the Federal Bureau of Investigation’s failure to respond to my Questions for the Record (QFRs) following your May 7, 2019 testimony in front of the Senate Appropriations Committee-Subcommittee on Commerce, Justice and Science given that answers have not been provided despite multiple attempts to obtain this information.”

He goes on to list his specific questions for the FBI, requesting the data collected from the National-Use-of-Force Program and additional information.

The Senator stresses the need for this data, stating, “I want to ensure that the necessary resources are in place to expand the depth and breadth of data collected… it is incomprehensible that, for over a year, the FBI chose not to respond to my questions regarding the reliability, accuracy, and accessibility of the data collected.” 

He continues, “This data is particularly important if we are to address underlying and persistent racial biases in policing. Black Americans only make up 13% of the United States’ population but they are two-and-a-half times more likely to be killed by the police than white Americans.  In Minnesota, where George Floyd was killed by police officers, Black Americans account for 5 percent of the state’s overall population but they are nearly four times as likely to be killed by law enforcement officers.  One-third of unarmed victims killed by police are black.  Additionally, the use of force on protestors has already resulted in death and serious bodily injury.” 

The Senator further underscores the FBI’s responsibility to provide the data, noting, “The Senate Appropriations Committee has both budgetary and oversight capabilities. Requests for information are not optional and ‘should be treated as a priority for the Department and responded to both courteously and expeditiously.’ The Committee has reached out repeatedly since the hearing to your agency to no avail.”

He closes the letter urging, “Despite the Committee’s clear directive, your agency has still not responded to my questions concerning implementation of the National-Use-Of-Force database. In light of the recent deaths of unarmed Black American civilians due to excessive use-of-force by law enforcement officers, it is imperative that Congress is provided with timely information in order to create legislative solutions and consider how we should expand and improve reporting requirements.” 

The full text of the letter is here and below.  

Dear Director Wray,

I write concerning the Federal Bureau of Investigation’s failure to respond to my Questions for the Record (QFRs) following your May 7, 2019 testimony in front of the Senate Appropriations Committee-Subcommittee on Commerce, Justice and Science given that answers have not been provided despite multiple attempts to obtain this information.

My QFRs submitted to your agency are below:

Question 1: Earlier this year, the FBI launched its National-Use-of-Force data collection on fatal and nonfatal officer-involved shootings. This information is vital for lawmakers and law enforcement officers as we look to reduce the number of shootings between civilians and police officers.

Has the FBI included any mid-year metrics to see if states and local municipalities are inputting their information?

Question 2: What can Congress do to encourage full participation of this program?

The National-Use-of-Force database was created following several high-profile incidents between law enforcement officers and unarmed civilians. Congress learned that while independent researchers and news organizations tracked civilian deaths caused by police officers, the federal government did not have any consistent or accurate disaggregated data. This new National-Use-of-Force database is designed to remedy this data deficiency and collect information on all incidents involving use-of-force that results in death or serious injury, or when an officer discharges a firearm in someone’s direction. 

I asked my questions with the understanding that, as with all Universal Crime Reporting (UCR) Program data collections, participation in the National-Use-of-Force database is voluntary. I want to ensure that the necessary resources are in place to expand the depth and breadth of data collected.  In FY 2019, less than half of all law enforcement agencies reported crime data to the FBI UCR Program.  Although the first batch of data from the National-Use-of-Force database is expected to be released this summer, it is incomprehensible that, for over a year, the FBI chose not to respond to my questions regarding the reliability, accuracy, and accessibility of the data collected. 

This data is particularly important if we are to address underlying and persistent racial biases in policing. Black Americans only make up 13% of the United States’ population but they are two-and-a-half times more likely to be killed by the police than white Americans.  In Minnesota, where George Floyd was killed by police officers, Black Americans account for 5 percent of the state’s overall population but they are nearly four times as likely to be killed by law enforcement officers.  One-third of unarmed victims killed by police are black.  Additionally, the use of force on protestors has already resulted in death and serious bodily injury.

The Senate Appropriations Committee has both budgetary and oversight capabilities. Requests for information are not optional and “should be treated as a priority for the Department and responded to both courteously and expeditiously.”  The Committee has reached out repeatedly since the hearing to your agency to no avail. In 2018, your agency was 267 days late responding to the Committee’s QFRs for the FBI’s Budget Hearing.  The FBI, alongside the Department of Justice’s, consistent disregard for Congressional oversight resulted in the Committee issuing a $5 million withholding of FY 2020 appropriations from the Department’s General Administration account until responses to QFRs are received. These unacceptable delays cause distrust between the FBI and Congress. 

Despite the Committee’s clear directive, your agency has still not responded to my questions concerning implementation of the National-Use-Of-Force database.  In light of the recent deaths of unarmed Black American civilians due to excessive use-of-force by law enforcement officers, it is imperative that Congress is provided with timely information in order to create legislative solutions and consider how we should expand and improve reporting requirements.

As Congress continues to consider how best we can reduce these incidents, including mandating compliance with the Death in Custody Reporting Act, we will need your full cooperation. We cannot protect our citizens or demand accountability and justice if we do not know who is being killed. As the 2015 President's Task Force on 21st Century Policing makes clear, “law enforcement’s obligation is not only to reduce crime but also to do so fairly while protecting the rights of citizens.”  I hope your agency is committed to working alongside Congress to improve the structural and systemic dysfunction that plagues our country.

I look forward to your timely response to this letter and all future correspondence.

Sincerely,