Texas Senators Challenge Smithsonian Over Space Shuttle Discovery

The dispute over the future of the space shuttle Discovery has escalated, with Texas Senators John Cornyn and Ted Cruz, alongside Representative Randy Weber, formally requesting an investigation from the Department of Justice (DOJ). Their contention centers on allegations that the Smithsonian Institution has misused federal funds to oppose the transfer of the shuttle from its current location at the Smithsonian’s Udvar-Hazy Center in Virginia to Houston, Texas.

In a letter addressed to Attorney General Pam Bondi and Assistant Attorney General Brett Shumate dated October 22, 2023, the lawmakers assert that the Smithsonian has engaged in lobbying activities in violation of the Anti-Lobbying Act. They claim the institution improperly utilized federal resources to resist the directive outlined in President Trump’s “One Big Beautiful Bill Act” (OBBBA), which mandates relocating Discovery to the Johnson Space Center in Houston.

The senators’ concerns began with the introduction of the “Bring the Space Shuttle Home Act” in April, which failed to pass committee but was later incorporated into the OBBBA. The amended law specifies that a human-flown “space vehicle” must be transferred to a NASA center involved in the Commercial Crew Program, setting a deadline for the NASA administrator to choose a vehicle and an 18-month window for relocation.

In their correspondence, the Texas lawmakers described Houston as “the cornerstone of America’s human space exploration program” and expressed pride in welcoming Discovery. However, the Smithsonian maintains that it holds legal ownership of the shuttle and has raised significant concerns regarding the implications of removing such an artifact from its national collection.

According to the Smithsonian, relocating Discovery could require partial disassembly, with projected costs estimated between $120 million and $150 million. This figure significantly exceeds the $85 million allocated in the OBBBA, which has not yet been appropriated. The museum has also noted that these estimates do not account for the expenses related to constructing a new facility in Houston for the shuttle.

Discovery was designated to the Smithsonian over a decade ago following a nationwide competition to determine the final homes for the retired space shuttles. In this process, institutions such as the Kennedy Space Center and the California Science Center also submitted bids. Ultimately, the Smithsonian was awarded Discovery after NASA transferred “all rights, title, interest, and ownership” of the shuttle to the institution in 2012. The Smithsonian emphasizes its responsibility for the conservation and long-term stewardship of the shuttle.

Texas lawmakers have disputed both the Smithsonian’s cost estimates and its claim of ownership. They cited “industry experts” who assert that the actual cost of relocating Discovery would be significantly lower—potentially more than ten times less than the Smithsonian’s projections. Furthermore, they argue that the Smithsonian is not a government entity, despite its historical designation as a “trust instrumentality” created by Congress.

In their letter to the DOJ, Cornyn, Cruz, and Weber highlight concerns regarding the Smithsonian’s potential lobbying activities. “These activities raise significant concerns under the Anti-Lobbying Act, which prohibits the use of appropriated funds for communications intended to influence members of the public to pressure Congress regarding legislation or appropriations matters,” the letter states.

The lawmakers also criticized the Smithsonian’s leadership and its exhibits, claiming that the museum’s portrayal of American history reflects a “politicized agenda” that undermines its responsibilities as a federal entity. They specifically referenced the institution’s depictions of slavery and its plans for the upcoming American Women’s History Museum.

Opponents of the relocation, including Joe Stief, founder of KeeptheShuttle.org, have condemned the Texas lawmakers’ actions. Stief characterized the request for a DOJ investigation as an attempt to silence the Smithsonian from defending its legal ownership of Discovery.

The Smithsonian operates under a Board of Regents, led by the Chief Justice of the Supreme Court, and includes representation from both the Senate and the House of Representatives. It is recognized for its independent operational structure, which allows it to maintain its national collection for public benefit.

The Texas lawmakers’ appeal to the DOJ follows an earlier request to Chief Justice John Roberts that did not elicit a public response. While the DOJ’s guidance on the Anti-Lobbying Act clarifies that direct communication between federal entities and Congress about official matters is considered intragovernmental coordination rather than lobbying, the resolution of this dispute could test the limits of the Act’s applicability to hybrid institutions like the Smithsonian.

As the situation develops, the Smithsonian has not commented on the lawmakers’ letter and is currently unable to respond due to the government shutdown. The outcome of this investigation remains uncertain, but it highlights the ongoing tensions surrounding the future of one of America’s most iconic space artifacts.