Why aren’t police agencies cooperating on use of force data?

In 2019, the FBI launched a program to collect data on police use of force. The goal was not to probe specific incidents but to collect comprehensive data so that the debate on one of the most sensitive issues in U.S. society could proceed with solid numbers rather than the anecdotes, impressions and emotions that typically dominate. But law enforcement agencies have failed to send their data to the FBI, putting this worthy effort program in danger of collapsing.

As a recent Government Accountability Office report detailed, federal standards required the National Use-of-force Collection program to obtain data from groups representing at least 60% of all law enforcement officers across the country - or else cancel the program by the end of 2022. As of 2019, The Washington Post’s Tom Jackman reported, the data reflected collection from agencies representing only 44% of local, state, federal and tribal officers. This number increased to 55% in 2020 and stands at 57% this year so far. Because of the low response rate, the Justice Department has yet to publish any report.

In the unsettling aftermath of high-profile use-offorce incidents - such as the killings of Eric Garner in New York and Tamir Rice in Cleveland - many police agencies and major law enforcement organizations acknowledged that reliable data collection might result in new strategies and better outcomes. Meanwhile, it is clear existing reporting systems are anything but reliable. The Post in 2015 began tracking fatal police shootings through media reports and information police released publicly, finding that there were more than twice the number of shootings than law enforcement agencies were reporting through the FBI’S Uniform Crime Reporting system, a separate data reporting program that the National Use-of-force Data Collection unit was supposed to supplement.

Some police departments say they lack the resources to compile the data. Others simply do not consider reporting to be a priority, and they are not required to disclose useof-force incidents. Congress should mandate this reporting, tying federal funds to compliance and offering assistance to departments short on resources. And states should follow the example set by New Jersey, which requires law enforcement officers to report detailed information to a statewide portal within 24 hours of using force against a civilian. In 2020, law enforcement agencies representing

100% of sworn New Jersey law enforcement officers submitted use of force data to the FBI. That must be the goal - accurate, timely and complete information that will help the nation better understand how, when and why police use force.

The debate about whether and how to reform policing in the United States often seems hopelessly divisive, pitting Americans who see criticism of police as dangerous against those who believe the police themselves are the danger. Without real numbers to cut through these passions, the debate will continue uninformed, and the nation will struggle to establish policies that promote public safety and equity.