[Federal Register Volume 87, Number 191 (Tuesday, October 4, 2022)]
[Notices]
[Pages 60200-60202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21464]
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DEPARTMENT OF LABOR
[Agency Docket Number DOL-2022-0008]
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 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. The
2021 Findings on the Worst Forms of Child Labor report (TDA report),
published on September 28, 2022, assesses efforts of 131 countries to
eliminate the worst forms of child labor in 2021 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 2022
edition of the List of Goods Produced by Child Labor or Forced Labor
(TVPRA List), published on September 28, 2022, 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, including, to the extent practicable, goods
that are produced with inputs that are produced with forced labor or
child labor. Finally, the List of Products Produced by Forced or
Indentured Child Labor (E.O. List), 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 2023;
the next edition of the TVPRA List, to be published in 2024; 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.
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 p.m.
December 16, 2022.
ADDRESSES:
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-2022-0008, 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.
[[Page 60201]]
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]).
FOR FURTHER INFORMATION CONTACT: Matthew Fraterman, (202) 693-4833,
[email protected].
508 Compliance: Pursuant to section 508 of the Rehabilitation Act
of 1973 (29 U.S.C. 794d), as amended. Section 508 became enforceable on
June 21, 2001, and the revised 508 standards issued by the United
States Access Board (36 CFR part 1194) in January 2018 require that
Information and Communication Technology (ICT) procured, developed,
maintained, and used by Federal departments and agencies is accessible
to and usable by Federal employees and members of the public, including
people with disabilities.
All documents received in electronic format must be accessible
using assistive technologies such as a screen reader e.g., Job Aid with
Speech (JAWS) Non-Visual Display Access (NVDA), ZoomText, to name a
few. Conversely the product should also be navigable using other means
such as a Keyboard or voice commands. Accessible document formats are
either Microsoft Word or equivalent and Portable Document Format with
OCR.
The Department of Labor requests that your submissions through the
portal comply with our DOL Policies as well as the 508 Standards as
referred above.
SUPPLEMENTARY INFORMATION:
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.''
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 2021
TDA report please visit https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings.
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
TVPRA List after its initial publication. DOL subsequently 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, 2020, and
2022. (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).) The next
TVPRA List will be published in 2024. 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 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, DOL 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 E.O. 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 revised the E.O.
List seven times, most recently on March 25, 2019, each time after
public notice and comment as well as consultation with DOS and DHS. For
access to the current E.O. List, Procedural Guidelines, and related
information, please visit our website.
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
[[Page 60202]]
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 or 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
welcomes 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 maintain confidential, 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, on September 8, 2022.
Thea Lee,
Deputy Undersecretary for International Affairs.
[FR Doc. 2022-21464 Filed 10-3-22; 8:45 am]
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