Notice2021-21977
Efforts by Certain Foreign Countries To Eliminate the Worst Forms of Child Labor; Child Labor, Forced Labor, and Forced or Indentured Child Labor in the Production of Goods in Foreign Countries; and Business Practices To Reduce the Likelihood of Forced Labor or Child Labor in the Production of Goods
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 8, 2021
Issuing agencies
Labor Department
Abstract
This notice is a request for information and/or comment on three reports issued by the Bureau of International Labor Affairs (ILAB) regarding child labor and forced labor in certain foreign countries. Relevant information submitted by the public will be used by the Department of Labor (DOL) in preparing its ongoing reporting as required under Congressional mandates and a Presidential directive.
Full Text
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<title>Federal Register, Volume 86 Issue 193 (Friday, October 8, 2021)</title>
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[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Notices]
[Pages 56293-56295]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21977]
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DEPARTMENT OF LABOR
[Docket Number DOL-2021-0003]
Efforts by Certain Foreign Countries To Eliminate the Worst Forms
of Child Labor; Child Labor, Forced Labor, and Forced or Indentured
Child Labor in the Production of Goods in Foreign Countries; and
Business Practices To Reduce the Likelihood of Forced Labor or Child
Labor in the Production of Goods
AGENCY: The Bureau of International Labor Affairs, United States
Department of Labor.
ACTION: Notice: Request for information and invitation to comment.
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SUMMARY: This notice is a request for information and/or comment on
three reports issued by the Bureau of International Labor Affairs
(ILAB) regarding child labor and forced labor in certain foreign
countries. Relevant information submitted by the public will be used by
the Department of Labor (DOL) in preparing its ongoing reporting as
required under Congressional mandates and a Presidential directive.
DATES: Submitters of information are requested to provide their
submission to DOL's Office of Child Labor, Forced Labor, and Human
Trafficking (OCFT) at the email or physical address below by 5:00 p.m.
January 15, 2022.
To Submit Information: Information should be submitted directly to
OCFT, Bureau of International Labor Affairs, U.S. Department of Labor.
Comments, identified as Docket No. DOL-2021-xxxx, may be submitted by
any of the following methods:
Federal eRulemaking Portal: The portal includes instructions for
submitting comments. Parties submitting responses electronically are
encouraged not to submit paper copies.
Facsimile (fax): OCFT at 202-693-4830.
Mail, Express Delivery, Hand Delivery, and Messenger Service (1
copy): Matthew Fraterman, U.S. Department of Labor, OCFT, Bureau of
International Labor Affairs, 200 Constitution Avenue NW, Room S-5315,
Washington, DC 20210.
Email: Email submissions should be addressed to Matthew Fraterman
(<a href="/cdn-cgi/l/email-protection#561024372233243b3738783b3722223e33211632393a78313920"><span class="__cf_email__" data-cfemail="ffb98d9e8b9a8d929e91d1929e8b8b979a88bf9b9093d1989089">[email protected]</span></a>).
DOL requests that electronic submissions through the Portal or by
email be accessible using assistive technologies such as a screen
reader, i.e., Job Aid with Speech (JAWS), Non-Visual Display Access
(NVDA), ZoomText, to name a few, and be navigable using other means
such as a Keyboard or voice commands. Such accessible document formats
include Microsoft Word or equivalent and Portable Document Format with
OCR. Submissions using these formats facilitate DOL's compliance with
Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as
amended.
FOR FURTHER INFORMATION CONTACT: Matthew Fraterman. Please see contact
information above.
SUPPLEMENTARY INFORMATION: The 2020 Findings on the Worst Forms of
Child Labor report (TDA report), published on September 29, 2021,
assesses efforts of 131 countries to eliminate the worst forms of child
labor in 2020 and assesses whether countries made significant,
moderate, minimal, or no advancement during that year. It also suggests
actions foreign countries can take to eliminate the worst forms of
child labor through legislation, enforcement, coordination, policies,
and social programs. The 2020 edition of the List of Goods Produced by
Child Labor or Forced Labor (TVPRA List), published on September 30,
2020, and updated on June 23, 2021, makes available to the public a
list of goods from countries that ILAB has reason to believe are
produced by child labor or forced labor in violation of international
standards. Finally, the List of Products Produced by Forced or
Indentured Child Labor (E.O. List), most recently updated on March 25,
2019, provides a list of products, identified by country of origin,
that DOL, in consultation and cooperation with the Departments of State
(DOS) and Homeland Security (DHS), has a reasonable basis to believe
might have been mined, produced, or manufactured with forced or
indentured child labor. Relevant information submitted by the public
will be used by DOL in preparing the next edition of the TDA report, to
be published in 2022; the next edition of the TVPRA List, which will
also be published in 2022; and for possible updates to the E.O. List as
needed.
This notice is also a request for information and/or comment on
Comply Chain: Business Tools for Labor Compliance in Global Supply
Chains (Comply Chain). ILAB is seeking information on current practices
of firms, business associations, and other private sector groups to
reduce the likelihood of child labor and forced labor in the production
of goods. This information and/or comment is sought to fulfill ILAB's
mandate under the Trafficking Victims Protection Reauthorization Act of
2005 (TVPRA) to work with persons who are involved in the production of
goods made with forced labor or child labor. Comply Chain seeks to
address this mandate through the creation of a standard set of
practices that will reduce the likelihood that such persons will
produce goods using forced labor or child labor. Comply Chain also
achieves a much broader purpose by actively supporting the efforts of
companies that seek to address these issues within their own supply
chains. Relevant information and/or comment submitted to ILAB will be
used to improve and update Comply Chain to better meet the mandates of
the TVPRA and help companies and industry groups seeking to develop
robust social compliance systems for their global production.
I. The Trade and Development Act of 2000 (TDA), Public Law 106-200
(2000), established eligibility criterion for receipt of trade benefits
under the Generalized System of Preferences (GSP). The TDA amended the
GSP reporting requirements of Section 504 of the Trade Act of 1974, 19
U.S.C. 2464, to require that the President's annual report on the
status of internationally recognized worker rights include ``findings
by the Secretary of Labor with respect to the beneficiary country's
implementation of its international commitments to eliminate the worst
forms of child labor.''
[[Page 56294]]
The TDA Conference Report clarifies this mandate, indicating that
the President consider the following when considering whether a country
is complying with its obligations to eliminate the worst forms of child
labor: (1) Whether the country has adequate laws and regulations
proscribing the worst forms of child labor; (2) whether the country has
adequate laws and regulations for the implementation and enforcement of
such measures; (3) whether the country has established formal
institutional mechanisms to investigate and address complaints relating
to allegations of the worst forms of child labor; (4) whether social
programs exist in the country to prevent the engagement of children in
the worst forms of child labor, and to assist with the removal of
children engaged in the worst forms of child labor; (5) whether the
country has a comprehensive policy for the elimination of the worst
forms of child labor; and (6) whether the country is making continual
progress toward eliminating the worst forms of child labor.'' DOL
fulfills this reporting mandate through annual publication of the U.S.
Department of Labor's Findings on the Worst Forms of Child Labor with
respect to countries eligible for GSP. To access the 2020 TDA report,
please visit ILAB's TDA web page.
II. Section 105(b) of the Trafficking Victims Protection
Reauthorization Act of 2005 (``TVPRA of 2005''), Public Law 109-164
(2006), 22 U.S.C 7112(b), as amended by Section 133 of the Frederick
Douglass Trafficking Victims Prevention and Protection Reauthorization
Act of 2018, Public Law 115-425 (2019), directs the Secretary of Labor,
acting through ILAB, to ``develop and make available to the public a
list of goods from countries that [ILAB] has reason to believe are
produced by forced labor or child labor in violation of international
standards, including, to the extent practicable, goods that are
produced with inputs that are produced with forced labor or child
labor.'' (TVPRA List).
Pursuant to this mandate, DOL published in the Federal Register a
set of procedural guidelines that ILAB follows in developing the TVPRA
List. 72 FR 73374 (Dec. 27, 2007). The guidelines set forth the
criteria by which information is evaluated; established procedures for
public submission of information to be considered by ILAB; and
identified the process ILAB follows in maintaining and updating the
List after its initial publication. DOL published an update to the
procedural guidelines to incorporate the expanded requirement to
include ``to the extent practicable, goods that are produced with
inputs that are produced with forced labor or child labor. 85 FR 29487
(May 15, 2020).
ILAB published its first TVPRA List on September 30, 2009, and
issued updates in 2010, 2011, 2012, 2013, 2014, 2016, 2018, and 2020.
(In 2014, ILAB began publishing the TVPRA List every other year,
pursuant to changes in the law. See 22 U.S.C. 7112(b)(3).) In addition,
on June 23, 2021, DOL added an additional good to the 2020 TVPRA List.
86 FR 32977. The next TVPRA List will be published in 2022. For a copy
of previous editions of the TVPRA List and other materials relating to
the TVPRA List, see ILAB's TVPRA web page.
III. Executive Order No. 13126 (E.O. 13126) declared that it was
``the policy of the United States Government . . . that the executive
agencies shall take appropriate actions to enforce the laws prohibiting
the manufacture or importation of goods, wares, articles, and
merchandise mined, produced, or manufactured wholly or in part by
forced or indentured child labor.'' Pursuant to E.O. 13126, and
following public notice and comment, the Department of Labor published
in the January 18, 2001, Federal Register, a list of products (``E.O.
List''), identified by country of origin, that the Department, in
consultation and cooperation with the Departments of State (DOS) and
Treasury [relevant responsibilities are now within the Department of
Homeland Security (DHS)], had a reasonable basis to believe might have
been mined, produced or manufactured with forced or indentured child
labor. 66 FR 5353 (Jan. 18, 2001). In addition to the List, the
Department also published on January 18, 2001, ``Procedural Guidelines
for Maintenance of the List of Products Requiring Federal Contractor
Certification as to Forced or Indentured Child Labor,'' which provide
for maintaining, reviewing, and, as appropriate, revising the E.O.
List. 66 FR 5351 (Jan. 18, 2001).
Pursuant to Sections D through G of the Procedural Guidelines, the
E.O. List may be updated through consideration of submissions by
individuals or through OCFT's own initiative. ILAB has officially
revised the E.O. List six times, most recently on March 25, 2019, each
time after public notice and comment as well as consultation with DOS
and DHS. Access to the current E.O. List, Procedural Guidelines, and
related information.
Information Requested and Invitation to Comment: Interested parties
are invited to comment and provide information regarding these reports.
DOL requests comments on or information relevant to updating the
findings and suggested government actions for countries reviewed in the
TDA report, assessing each country's individual advancement toward
eliminating the worst forms of child labor during the current reporting
period compared to previous years, and maintaining and updating the
TVPRA and E.O. Lists. Materials submitted should be confined to the
specific topics of the TDA report, the TVPRA List, and the E.O. List.
DOL will generally consider sources with dates up to five years old
(i.e., data not older than January 1, 2017). DOL appreciates the extent
to which submissions clearly indicate the time period to which they
apply. In the interest of transparency in our reporting, classified
information will not be accepted. Where applicable, information
submitted should indicate its source or sources, and copies of the
source material should be provided. If primary sources are utilized,
such as research studies, interviews, direct observations, or other
sources of quantitative or qualitative data, details on the research or
data-gathering methodology should be provided. Please see the TDA
report, TVPRA List, and the E.O. List for a complete explanation of
relevant terms, definitions, and reporting guidelines employed by DOL.
Per our standard procedures, submissions will be published on the ILAB
web page.
IV: Section 104(b)(2)(D) of The Trafficking Victims Protection
Reauthorization Act (TVPRA) of 2005 mandates that ILAB ``work with
persons who are involved in the production of goods on [ILAB's List of
Goods Produced by Child Labor or Forced Labor] to create a standard set
of practices that will reduce the likelihood that such persons will
produce goods using [forced and child labor].''
Many firms have policies, activities, and/or systems in place to
monitor labor rights in their supply chains and remediate violations.
Such policies, activities and systems vary depending on location,
industry, and many other factors. ILAB seeks to identify practices that
have been effective in specific contexts, analyze their replicability,
and disseminate those that have potential to be effective on a broader
scale through Comply Chain.
Information Requested and Invitation to Comment: In addition to
general comments on the existing publication of Comply Chain, ILAB is
seeking information on current practices of firms, business
associations, and other private sector groups to reduce the likelihood
of child labor and forced labor in the production of goods. ILAB
[[Page 56295]]
welcomes any and all input. Examples of materials could include, but
are not limited to: (1) Codes of conduct; (2) Sets of standards used
for implementation of codes in specific industries or locations or
among particular labor populations; (3) Auditing/monitoring systems, or
components of such systems, as well as related systems for enforcement
of labor standards across a supply chain; (4) Strategies for monitoring
sub-tier suppliers, informal workplaces, homework, and other
challenging environments; (5) Training modules and other mechanisms for
communicating expectations to stakeholders which incorporate worker
input; (6) Traceability models or experiences; (7) Remediation
strategies for children and/or adults found in conditions of forced or
child labor; (8) Reporting-related practices and practices related to
independent review; (9) Projects at the grassroots level which address
underlying issues or root causes of child labor or forced labor; (10)
and/or any other relevant practices.
In addition, ILAB is seeking information on current practices of
governments to collaborate with private sector actors through public-
private partnerships to reduce the likelihood of child labor and forced
labor in the production of goods. Submissions may include policy
documents, reports, statistics, case studies, and many other formats.
In addition, ILAB welcomes submissions of reports, analyses, guidance,
toolkits, and other documents in which such practices have been
compiled or analyzed by third-party groups. Information should be
submitted to the addresses and within the time period set forth above.
DOL seeks information that can be used to inform the development of
tools and resources to be disseminated publicly on the DOL website and/
or in other publications. However, in disseminating information, DOL
will conceal, to the extent permitted by law, the identity of the
submitter and/or the individual or company using the practice in
question, upon request. Internal, confidential documents that cannot be
shared with the public will not be used. Submissions containing
confidential or personal information may be redacted by DOL before
being made available to the public, in accordance with applicable laws
and regulations. DOL does not commit to responding directly to
submissions or returning submissions to the submitters, but DOL may
communicate with the submitter regarding any matters relating to the
submission.
This notice is a general solicitation of comments from the public.
Authority: 22 U.S.C. 7112(b)(2)(C) & (D) and 19 U.S.C. 2464;
Executive Order 13126.
Signed at Washington, DC, this first day of October, 2021.
Thea Mei Lee,
Deputy Undersecretary.
[FR Doc. 2021-21977 Filed 10-7-21; 8:45 am]
BILLING CODE 4510-28-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.