[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Notices]
[Pages 56293-56295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
([email protected]).
    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