Senators Say Sales Are “Brazen Attempt” to Circumvent Congress

WASHINGTON, D.C.—Today, Senator Rick Scott joined Senator Roger Wicker in leading all Republican members of the Senate Armed Services Committee in demanding the Department of Defense halt the sale of border wall construction materials after reports that the Department was moving quickly to dispose of the parts before the provisions of Wicker’s FINISH It Act could be implemented.

“We are deeply disappointed to learn that rather than using construction materials that were purchased to secure the southwest border for that purpose, the Department of Defense has begun auctioning these materials off for other purposes,” the senators wrote. “These auctions represent a brazen attempt to circumvent the FINISH IT Act, which was included in both the House and Senate FY2024 National Defense Authorization Act.”

In addition to halting all further auctions of border wall materials and requesting detailed information on the current sales, the letter calls for the administration to direct the Department of Defense Inspector General to investigate Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs Melissa Dalton for her failure to provide Congress accurate and timely information about the use of these border wall construction materials.

The Senate Armed Services Committee Republicans pledge not to consent to a confirmation hearing for the nominee for Under Secretary of Defense for Policy until the senators’ concerns are addressed.

Senators who signed the letter include Deb Fischer, Tom Cotton, Mike Rounds, Joni Ernst, Dan Sullivan, Kevin Cramer, Tommy Tuberville, Markwayne Mullin, Ted Budd and Eric Schmitt.

See the full letter text to Defense Secretary Lloyd Austin here, or below.

Dear Secretary Austin:

We are deeply disappointed to learn that rather than using construction materials that were purchased to secure the southwest border for that purpose, the Department of Defense has begun auctioning these materials off for other purposes. These auctions represent a brazen attempt to circumvent the FINISH IT Act, which was included in both the House and Senate FY2024 National Defense Authorization Act. The FINISH IT Act requires the Department to use these construction materials to secure the southwest border as originally intended, or to transfer them to border states for that purpose.

While we gather more facts about the Department’s disposal, and apparent plans to dispose, of approximately $260 million worth of border wall construction materials, we demand that you take the following steps immediately:

1. Suspend all auctions of border wall construction materials, including those that have been scheduled for August 23 and 30, 2023, according to media reports; and

2. Direct the Department of Defense Inspector General to investigate Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs Melissa Dalton’s failure to provide Congress accurate and timely information about the Department’s plans regarding the use of these border wall construction materials, despite multiple inquiries about the border wall construction materials from both Senate Armed Services Committee members and staff.

Finally, no later than September 5, 2023, we expect you to provide:

1. A full account of the Department’s disposal of border wall construction materials thus far. For each sale of materials, the Department should include: the price that the U.S. Government originally paid to procure the materials, the price for which they were sold by the Department of Defense to a third party, the identity of the third-party purchaser of those materials, and the purchaser’s intended use of those materials.

2. A full account of the Department’s payments thus far to store the border wall materials, including the total amount that the Department has paid for storage, the precise locations where they were stored and/or are still being stored, and a full list of individuals and entities that received payment to store the materials.

Please be advised that Senate Armed Services Committee Republicans will not consent to a confirmation hearing for the nominee for Under Secretary of Defense for Policy until this letter is answered appropriately.

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