There's some question about how
much unobligated money is in the
MILCON fund. The Defense
Department reported $13.3 billion
in available construction and
family housing funds at the end of
fiscal year 2018, according to the
CRS report. But overall balances
can be deceptive, according to
Mackenzie Eaglen, a military
budget specialist at the American
Enterprise Institute.
MILCON funds are authorized
over five years, and some of the
$13.3 billion may date back to
fiscal year 2015, Eaglen said. Any
funds that old by law are supposed
to be returned to the Treasury
Department. “There’s no way of
knowing in advance what money
will go back to Treasury,” she said.
The use of the emergency statute
also could lead to messy
battles over private property, since
it authorizes construction only on
land owned by the military. Only
one-third of the land along the
southern border is owned by the
federal government or by Native
America tribes, according a
2017 report by the left-leaning
think tank Third Way.
Trump suggested at a January
press conference that the
adminstration could use “the
military version of eminent
domain,” but what he meant be
that remains unclear.