"Updates on the Release of the U.S. National Action Plan on Responsible Business Conduct," 8 Apr. 2024

On March 20, 2024, the Biden administration released its updated National Action Plan on Responsible Business Conduct (NAP).

... This updated version of the NAP is the culmination of numerous rounds of consultations with experts, inputs provided in response to a Federal Register Notice, and coordination across multiple government agencies.

... Importantly, the Biden administration’s NAP articulates the general U.S. government expectation that businesses—regardless of their size, sector, operational context, ownership, or structure—conduct human rights due diligence (HRDD) in assessing the human rights–related risks in their operations and supply chains in line with the standards in the UNGPs, the OECD Guidelines, and the International Labor Organization’s Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy. The NAP emphasizes that these standards should be treated as a floor, not a ceiling, and that HRDD “should be an integral part of decision-making and embedded into existing risk management systems with support from the highest levels of the business.”

... the updated NAP demonstrates the Biden administration’s commitment to bringing its policies and procedures regarding the private sector in line with international standards, which will help to reinforce those standards both domestically and abroad. While many of the updated NAP’s commitments, if carried out, would call only for voluntary action by companies (unlike the mandatory due diligence frameworks in Europe), they usefully supplement existing binding law and make clear what is expected of companies while allowing them to forge their own paths in enhancing their respect for human rights and RBC.