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

FIRST ON FOX: A top Republican senator is introducing legislation to block the federal government from disposing of border wall materials after a controversy over the auctioning of border wall parts made headlines again.

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."

‘STANDING BY TO HELP’: RED STATE REVEALS PLAN TO PURCHASE AUCTIONED BORDER WALL MATERIALS TO STORE FOR TRUMP

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

The Biden administration abruptly ended border wall construction in January 2021 after 450 miles had been built during the first Trump 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. 

A furious President-elect Trump called the moves "almost a criminal act" and called on President Biden to "please stop selling the wall." 

TRUMP CALLS FOR END TO BORDER WALL AUCTIONS: ‘ALMOST CRIMINAL ACT’ 

The president-elect also said he is working with Texas Attorney General Ken Paxton and other Texas leaders to reacquire the materials.

"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."

CLICK HERE FOR MORE COVERAGE OF THE BORDER SECURITY CRISIS

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.

CLICK HERE TO GET THE FOX NEWS APP

"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.