Child Labor, Forced Labor, and Forced or Indentured Child Labor in the Production of Goods in Foreign Countries and Efforts by Certain Foreign Countries To Eliminate the Worst Forms of Child Labor, and Business Practices To Reduce the Likelihood of Forced Labor or Child Labor in the Production of Goods, 80820-80822 [2020-27359]

Agencies

• DEPARTMENT OF LABOR

[Federal Register Volume 85, Number 240 (Monday, December 14, 2020)]
[Notices]
[Pages 80820-80822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27359]


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DEPARTMENT OF LABOR

[Agency Docket Number DOL-2020-0007]


Child Labor, Forced Labor, and Forced or Indentured Child Labor 
in the Production of Goods in Foreign Countries and Efforts by Certain 
Foreign Countries To Eliminate the Worst Forms of Child Labor, 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. The 
2019 Findings on the Worst Forms of Child Labor report (TDA report), 
published on September 30, 2020, assesses efforts of 131 countries to 
eliminate the worst forms of child labor in 2019 and reports 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,

[[Page 80821]]

enforcement, coordination, policies, and social programs. The 2020 
edition of the List of Goods Produced by Child Labor or Forced Labor 
(TVPRA List), also published on September 30, 2020, 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 2021; the next edition of the TVPRA List, to be 
published in 2022; and for possible updates to the E.O. List, as 
needed.

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. 
EST, January 18, 2020.

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-2020-0007, may be submitted by 
any of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov.
    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): Austin Pedersen and Chanda Uluca at 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 at 202-693-4833. 
Please see contact information above.

SUPPLEMENTARY INFORMATION: 
    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 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 comments submitted to ILAB will be used to improve 
and update Comply Chain to better meet the evolving 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 criteria 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 should 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 2019 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, directs the Secretary of Labor, 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). 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.
    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)). 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,

[[Page 80822]]

see ILAB's TVPRA web page at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods.
    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, DOL published in the January 18, 
2001, Federal Register, a final 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). 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 provides for maintaining, reviewing, 
and, as appropriate, revising the E.O. List (66 FR 5351).
    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 seven times, most recently on March 25, 2019, 
each time after public notice and comment as well as consultation with 
DOS and DHS. The current E.O. List, Procedural Guidelines, and related 
information can be accessed at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-products.
    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, 2016). 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 at https://www.dol.gov/agencies/ilab/public-submissions-child-labor-forced-labor-reporting.
    IV. Section 105(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 and remediate violations in their supply chains. 
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 the 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 any and all input. Examples of materials include (1) codes of 
conduct; (2) sets of standards used for implementation of codes in 
specific industries, 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, home work, 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; and (10) 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, and case studies, among others. 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); 19 U.S.C. 2464; and 
Executive Order 13126.)

    Signed at Washington, DC, this seventh day of December, 2020.
Mark A. Mittelhauser,
Associate Deputy Undersecretary for International Affairs.
[FR Doc. 2020-27359 Filed 12-11-20; 8:45 am]
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