GOP senator moves to block feds from disposing of border wall materials amid auction backlash

Sen. Bill Hagerty, R-Tenn., is introducing legislation to prohibit the use of federal funds "to deconstruct, dismantle, or otherwise render inoperable any segment of the physical barrier along the international border between the United States and Mexico."

The bill would also bar the use of funds "to auction, sell, transfer, or otherwise dispose of any materials or supplies purchased or otherwise acquired by the Federal Government for the purpose of constructing, maintaining, or reinforcing a physical barrier along such border."

The bill comes in response to the ongoing controversy over the auctioning of border wall materials by the Biden administration.

The auctioning of border wall parts began in 2023 with parts listed for sale on GovPlanet.com, an online auction marketplace. The Defense Department's logistics agency told media outlets the excess material had been turned over for disposition by the Army Corps of Engineers and was for sale.

Those auctions have continued, with officials in Arizona telling Fox News Digital that auctions have been occurring weekly for some time. The practice made headlines last week when The Daily Wire published video showing unused wall parts being transported on flatbed trucks in Arizona even though the materials could be used by the next Trump administration. 

"What they're doing is really an act, it's almost a criminal act," he said. "They know we're going to use it, and if we don't have it, we're going to have to rebuild it. And it'll cost double what it cost years ago, and that's hundreds of millions of dollars because you're talking about a lot of, a lot of wall."

A defense official told Fox News last week that the Pentagon has been disposing of excess wall construction in accordance with the fiscal year 2024 National Defense Authorization Act, which required the defense secretary to submit a plan to use, transfer or donate all remaining wall material purchased with Pentagon funds. That plan was submitted in March.

The official said that border states, including Texas, were given preference for materials and that the materials no longer belong to the U.S. government, adding the Defense Department has no legal authority to recall the material or stop further resale of it.

"Through our reutilization, transfer and donation process, nearly 60% of those materials were transferred to authorized recipients, including U.S. Customs and Border Protection and the states of Texas and California," the official said. "The remaining 40% was sold to GovPlanet under a competitive sales contract process beginning in June 2024. The material currently being sold through GovPlanet online auctions no longer belongs to the U.S. Government, and DOD has no legal authority to recall the material or stop further resale of material it no longer owns."

Hagerty's bill would supersede any existing law, including the NDAA. His office says the NDAA provision was intended to encourage border wall construction.

Fox News' Jennifer Griffin and Peter Pinedo contributed to this report.