FY2024 NDAA: Military Construction and Housing Authorizations

FY2024 NDAA: Military Construction and Housing Authorizations

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INSIGHTi

FY2024 NDAA: Military Construction and
Housing Authorizations
Updated January 17, 2024
The Biden Administration’s Fiscal Year 2024 (FY2024) budget requested $16.675 billion for U.S.
Department of Defense (DOD) Military Construction (MILCON) accounts, which included funding for
Military Construction and Family Housing programs. The funding requested was 12.4% percent less than
the FY2023 enacted amount.
The House Armed Services Committee-reported version of an FY2024 NDAA (H.R. 2670; H.Rept. 118-
125) would have authorized $17.475 billion for DOD’s MILCON programs—$800 million (4.8%) more
than requested. Of that amount, H.R. 2670 would have authorized 26 earmarks, known as Community
Project Funding items, totaling $480 million.
The Senate Armed Services Committee-reported FY2024 NDAA (S. 2226; S.Rept. 118-58) would have
authorized $16.675 billion for DOD’s MILCON programs, as requested. S. 2226 did not contain any
earmarks, known as Congressionally Directed Spending items.
Congress passed the FY2024 NDAA (P.L. 118-31; H.Rept. 118-301), which became law on December 22,
2023. The law authorized $18.175 billion for Military Construction (MILCON) accounts—$1.5 billion
more (9.0%) more than the Biden Administration’s request. Of that amount, the law contained 25
Community Project Funding items totaling $559.4 million. See Table 1.
Table 1. FY2024 NDAA Funding Authorizations for Selected Military Construction
Accounts
(in thousands of dollars of discretionary budget authority)
House
Account
FY2024 Request
Authorized
Senate Authorized
Enacted
Military Construction,
$1,470,555
$1,803,165
1,644,779
$1,912,289
Army
Military Construction,
$6,022,187
$5,412,514
4,668,487
$5,304,040
Navy
Military Construction,
$2,605,314
$3,045,314
3,071,814
$3,158,014
Air Force
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House
Account
FY2024 Request
Authorized
Senate Authorized
Enacted
Military Construction,
$2,984,682
$2,856,147
$3,162,706
$3,198,571
Defense-wide
Military Construction,
$340,186
$590,942
$650,568
$732,078
Army National Guard
Military Construction,
$107,076
$225,076
$170,076
$234,076
Army Reserve
Military Construction,
$51,291
$66,291
$51,291
$66,291
Navy and Marine
Reserve
Military Construction,
$178,722
$331,064
$322,292
$361,265
Air National Guard
Military Construction,
$291,572
$344,072
$309,572
$346,572
Air Force Reserve
NATO Security
$293,434
$293,434
$293,434
$343,434
Investment Program
Family Housinga
$1,933,644
$1,960,644
$1,933,644
$1,972,033
Family Housing
$6,611
$6,611
$6,611
$6,611
Improvement Fund
(FHIF)
Unaccompanied
$496
$496
$496
$496
Housing Improvement
Fund (UHIF)
Base Realignment and
$389,174
$539,174
$389,174
$539,174
Closureb
Total Division B,
$16,674,944
$17,474,944
$16,674,944
$18,174,944
Military
Construction
Source: U.S. Congress, Conference Committee, National Defense Authorization Act for Fiscal Year 2024, conference report
to accompany H.R. 2670, 118th Cong., 1st sess., H.Rept. 118-301, December 6, 2023, pp. 1391-1392. For House and
Senate authorized budget numbers, see funding tables in H.Rept. 118-125, Sec. 4601; and S.Rept. 118-58, Sec. 4601.
Notes:
a. Family Housing amounts reflect a subtotal of amounts for the fol owing accounts: Family Housing Construction, Army;
Family Housing Operation & Maintenance, Army; Family Housing Construction, Navy and Marine Corps; Family
Housing Operation & Maintenance, Navy and Marine Corps; Family Housing Construction, Air Force; Family Housing
Operation & Maintenance, Air Force; Family Housing Operation & Maintenance, Defense-Wide.
b. Base Realignment and Closure amounts reflect a subtotal of amounts for the fol owing accounts: Base Realignment
and Closure—Army, Base Realignment and Closure—Navy; Base Realignment and Closure—Air Force; and Base
Realignment and Closure—Defense-Wide.
Selected Policy Provisions
Policy provisions in the FY2024 NDAA that may affect military construction and housing programs
include the following:

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Military Construction
Section 2801 amended 10 U.S.C. §2391 to make the Defense Community Infrastructure Pilot (DCIP)
program permanent.
Section 2802 modified thresholds for minor MILCON as codified in 10 U.S.C. §2805 to define an
unspecified minor MILCON project as a construction project that has an approved cost equal to or less
than $9 million.
Section 2805 created 10 U.S.C. §2817, expanding authority to use O&M funds for certain MILCON
projects in friendly foreign countries if the projects support air or sea ports of debarkation, or rail or other
logistical support locations.
Section 2807 granted authority to utilize cost-plus incentive-fee contracting for MILCON projects
associated with the Sentinel intercontinental ballistic missile weapons system.
Section 2810 raised the threshold for minor MILCON projects in the Indo-Pacific Command
(INDOPACOM) area of operations to define an unspecified minor MILCON project as one that has an
approved cost up to $15 million. The law also authorized $62 million for unspecified minor MILCON in
INDOPACOM.
Privatized Housing
Section 2821 establishes a DOD Military Family Readiness Working Group for Military Housing.
Section 2822 amended 10 U.S.C. §2878(f)(2), requiring DOD to notify Congress when negotiating with a
privatized housing company for the extension of any ground lease of property. The provision requires
notification about whether the privatized housing company is in compliance with the Military Housing
Privatization Initiative (MHPI) Tenant Bill of Rights codified at 10 U.S.C. §2890. The provision also
prohibits certain payments to MHPI companies unless DOD determines that the company is in
compliance with the MHPI Tenant Bill of Rights.
Section 2823 requires MHPI companies to notify tenants about a proposed nondisclosure agreement and
provide a waiting period of 10 business days so tenants may seek legal counsel before being required to
sign such an agreement.
Section 2825 requires the Secretary of Defense to implement the recommendations made in an April 2023
report from the U.S. Government Accountability Office.
Unaccompanied Housing
Section 2831 amended 10 U.S.C. §2856 to require the Secretary of Defense to establish and enforce
standards for DOD unaccompanied housing facilities regarding design, floor space, and level of
maintenance required. The provision requires that all housing assigned to servicemembers meet the new
requirements within two years of the law’s enactment.
Section 2832 required the Secretary of Defense to establish standards for unaccompanied housing
facilities regarding condition; safety and security; and “habitability, health and environmental comfort.”
Section 2833 modified the procedures for a military department to waive requirements related to
unaccompanied housing standards. The provision created 10 U.S.C. 2856a, requiring the Secretary of a
military department to approve any such waivers and stipulates that the Secretary may do so only after
exhausting options that include a) use of available privately-owned military housing; b) modifying the
“unit integrity” policies that typically require servicemembers from the same unit to live in the same
housing facility; and c) authorizing servicemembers to receive a Basic Allowance for Housing (BAH).

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Section 2834 required the Secretary of Defense to submit annual certifications that the repairs and
improvements needed for unaccompanied housing facilities do not exceed 20% of the total replacement
costs of such facilities, a standard set by current DOD policy.
Section 2835 authorized a pilot program for replacing substandard enlisted barracks using O&M or
unspecified minor MILCON funding.
Section 2836 required the establishment a civilian employee at the housing office at each military
installation to oversee unaccompanied housing facilities and related issues.
Section 2837 requires the Secretary of Defense to issue rules for managing work orders related to
maintenance work for unaccompanied housing facilities and to establish performance metrics to track the
maintenance work performed.
Section 2838 requires the establishment of a DOD-wide index for evaluating the condition of
unaccompanied housing facilities.
Section 2839 requires annual reports to Congress on the condition of unaccompanied military housing
facilities based on the uniform index required under Section 2838.
Section 2840 requires the Secretary of Defense to notify Members of Congress if the Secretary enters into
any agreement that provides DOD housing facilities for use by another federal agency in the Member’s
district.
Section 2841 required DOD to eliminate the use of waivers for construction standards for new
unaccompanied housing facilities.
Installation Management
Section 2851 required the Secretary of Defense to initiate standardization of rules for installation access
across DOD.

Author Information

Andrew Tilghman

Analyst in U.S. Defense Infrastructure Policy

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