To amend the Defense Base Act to exclude Guam.

Bill Number

H.R. 876

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Labor and Employment

Status

Introduced

Latest Action

2025-01-31: Referred to the House Committee on Education and Workforce.

Last Updated

2025-09-29T14:09:51Z

AI-Generated Summary

Purpose

This bill (H.R. 876) aims to modify the Defense Base Act (DBA), a federal law that provides workers' compensation insurance for certain civilian employees working on U.S. military bases or related projects outside the continental United States. Specifically, it seeks to exclude the territory of Guam from the DBA's coverage, allowing local laws or other systems to handle such compensation instead.

Key Provisions

• Amends Section 1(b) of the DBA (42 U.S.C. 1651(b)):
• Modifies paragraph (4) by adding "and Guam" after the list of included areas (e.g., Alaska, Hawaii, and other territories), followed by a semicolon.
• Adds a new paragraph (5) explicitly stating: "The term 'Territory or possession outside the continental United States' does not include Guam."
• These changes redefine the geographic scope of the DBA, removing Guam from its applicability.

Significant Changes to Existing Law

• Under current law, the DBA applies to contractors and subcontractors performing work for the U.S. government (primarily the Department of Defense) in territories like Guam, requiring employers to provide specific workers' compensation benefits for injuries or deaths.
• The bill removes Guam from this coverage, shifting responsibility away from the federal DBA framework. This means Guam-based projects will no longer automatically fall under DBA insurance requirements, potentially allowing Guam's local workers' compensation laws to apply instead.

Potential Impacts

• On Government Agencies: The Department of Defense and other federal agencies overseeing contracts in Guam may face reduced administrative burdens related to DBA compliance, such as mandatory insurance procurement. However, they might need to adapt contracts to align with local Guam regulations.
• On Citizens: Workers in Guam employed on U.S. military or federal projects could lose federal DBA protections (e.g., standardized benefits for injuries), potentially relying on Guam's territorial workers' compensation system, which may offer different levels of coverage or benefits. This could affect recruitment and safety standards for jobs on bases.
• On International Relations: Minimal direct impact, as Guam is a U.S. territory, but it could influence U.S. military operations in the Pacific region by streamlining local hiring practices without federal overlays.

Main Stakeholders Affected

• Employees and Contractors: Civilian workers and their employers on U.S. bases or projects in Guam, who will transition from federal to potentially local compensation rules.
• U.S. Government Entities: Department of Defense and federal contracting agencies, which administer DBA-covered projects.
• Guam Local Government and Businesses: The Government of Guam and local insurers, who may see increased responsibility for workers' compensation, potentially boosting local economic control.
• Insurance Providers: Companies offering DBA policies may lose business related to Guam, shifting demand to local or alternative markets.

Notable Legal, Constitutional, or Political Implications

• Legal: Narrows the DBA's extraterritorial reach, clarifying that federal workers' compensation does not extend to Guam. This could lead to litigation if workers challenge the exclusion, testing the balance between federal and territorial authority over labor protections.
• Constitutional: Reinforces Guam's status as an unincorporated U.S. territory by granting it partial exemption from a federal law, aligning with precedents allowing territories some autonomy (e.g., under the Territory Clause of the U.S. Constitution). However, it does not alter Guam's overall federal oversight.
• Political: Supports greater self-governance for Guam, a non-voting U.S. territory often advocating for reduced federal mandates. Introduced by Rep. James Moylan (Guam delegate), it reflects local priorities amid ongoing debates on territorial rights and military presence in the Pacific.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Del. Moylan, James C. [R-GU-At Large]

Recent Actions

• 2025-01-31: Referred to the House Committee on Education and Workforce.
• 2025-01-31: Introduced in House
• 2025-01-31: Introduced in House

Bill Versions

• To amend the Defense Base Act to exclude Guam. — issued 2025-01-31 — PDF (2 pages)