PolicyBrief
H.R. 876
119th CongressJan 31st 2025
To amend the Defense Base Act to exclude Guam.
IN COMMITTEE

This bill amends the Defense Base Act to exclude Guam, clarifying that Guam is not considered a "Territory or possession outside the continental United States" for the purposes of the Act.

James (Jim) Moylan
R

James (Jim) Moylan

Representative

GU

LEGISLATION

Defense Base Act Tweaked to Exclude Guam: Workers' Comp Protections at Risk

The Defense Base Act (DBA) just got a significant carve-out. This new bill specifically excludes Guam from the DBA's definition of a "Territory or possession outside the continental United States." Translation: workers on U.S. military bases in Guam might lose some key protections.

What's the Deal with the DBA?

The Defense Base Act is essentially a federal workers' compensation program. It covers people working on U.S. military bases overseas, ensuring they get benefits if they're injured or killed on the job. This bill, however, singles out Guam.

Real-World Fallout

  • Reduced Benefits: If you're a construction worker, say, building a new hangar on Andersen Air Force Base, and you get hurt, this change could mean reduced benefits compared to what the DBA currently provides. The bill removes Guam from the areas where the DBA applies (SEC. 1.).
  • Who Foots the Bill?: With the federal government potentially off the hook, the responsibility—and cost—for workers' comp could fall on Guam's local government or the private companies doing the work. This could mean a scramble to set up a new system, and potentially, lower payouts or more hurdles to get compensation.
  • Unequal Treatment: This raises a big question: Why Guam? Workers on bases in other U.S. territories still get DBA coverage. This change could create a situation where people doing the same jobs, for the same employer (the U.S. military), get different protections based solely on location.

The Bigger Picture

While the bill might save the federal government some money, it does so by potentially shifting the burden to Guam and leaving workers in a precarious position. It also sets a precedent. If Guam can be excluded from the DBA, what's stopping other territories from being next? This seemingly small change could have big ripples, especially for those working in support of national defense efforts in Guam.