Who Needs DBA?

1. Any employee working on a military base or reservation outside the U.S.

2. Any employee engaged in U.S. government-funded public works business outside the U.S.

3. Any employee engaged in a public works or military contract with a foreign government which has been deemed necessary to U.S. National Security.

4. Those employees that provide services funded by the U.S. government outside the realm of regular military issue or channels.

5. Any employees of any sub-contractors of the prime or letting contractor involved in a contract like numbers one through four above.

 

Since being enacted in 1941, the Defense Base Act has expanded coverage over the years to include different types of jobs, government agencies, and employment activities. Court rulings, U.S. government expansions, and global events have increased the demand for contractors to support most U.S efforts abroad.

Currently, Defense Base Act insurance covers a wide range of employment activities for private contractors working on any territories, possessions, or U.S. military bases outside the continental U.S. This also includes but is not limited to contractors working on public work contracts with the Department of State, Department of Defense, Department of Energy, Department of Education, NSA, FBI, CIA, or any other U.S. government agency. This would also include construction or service contracts that involve work related to national defense or any military activities conducted outside the United States of America.  Defense Base Act is also required for any contractor work approved and funded by the U.S. government under the Foreign Assistance Act of 1961 which provides foreign assistance and aid to other countries

Providing aid is the primary function of the Foreign Assistance Act, however fostering worldwide goodwill and supporting global peace initiatives, combating extremism, global security, international development efforts, and providing humanitarian relief during times of crisis is a strategic, economic, and moral imperative for the United States which are all vital to U.S. national security and our foreign policy. The Defense Base Act also includes contracted work that includes the sale of military materials, equipment, and services to U.S. allies as long as the contract requires work outside the continental United States.  It’s important to note that the Defense Base Act covers these contractors for any injury or death occurring to any such employee during transportation to or from the place of employment, where the employer or the U.S. provides the transportation or the cost thereof.

Finally, if any of the U.S. departments or employment activities meet the descriptions mentioned above, and they have employees traveling and working abroad any such employee(s), whether they are U.S. nationals or residents, third-country nationals (non-U.S. employees hired to work in the host country) or local national hires must be covered under the Defense Base Act.