The debate over the future of the space shuttle Discovery has escalated, with Texas Senators John Cornyn and Ted Cruz, alongside Representative Randy Weber, calling on the Department of Justice (DOJ) to investigate the Smithsonian Institution. The lawmakers allege that the Smithsonian has misused federal funds to lobby against the relocation of the shuttle to Texas, as mandated by legislation referred to as the One Big Beautiful Bill Act (OBBBA).
In a letter addressed to Attorney General Pam Bondi and Assistant Attorney General Brett Shumate on October 22, 2023, the Texas representatives claimed that the Smithsonian has engaged in lobbying activities that violate the Anti-Lobbying Act. They accuse the institution of coordinating efforts to oppose the transfer of Discovery from the Udvar-Hazy Center in Virginia to the Johnson Space Center in Houston. The lawmakers assert that the Smithsonian has disseminated exaggerated estimates of relocation costs and coordinated with media to maintain public support for keeping the shuttle at its current location.
The conflict originated with the introduction of the Bring the Space Shuttle Home Act, proposed by Cornyn and Cruz in April. Although this measure did not pass through committee, it was later incorporated into the OBBBA. This legislation directs the transfer of a “human-flown space vehicle” to a NASA center involved in the Commercial Crew Program, setting a deadline for the NASA administrator to select a vehicle and an 18-month window for its relocation to Houston.
In their correspondence, the Texas lawmakers highlight Houston’s significant role in America’s space exploration initiatives, describing the city as “honored” to welcome Discovery. Nonetheless, the Smithsonian maintains that it holds full ownership of the shuttle and has raised serious concerns about the legal implications of removing an artifact from its national collection. The institution has also emphasized the logistical challenges and potential costs associated with the physical relocation of the 122-foot-long (37-meter) orbiter.
According to the Smithsonian, both it and NASA have determined that relocating Discovery would necessitate partial disassembly, with estimated costs ranging from $120 million to $150 million. This figure is significantly higher than the $85 million allocated in the OBBBA for the project. The Smithsonian’s estimate does not include the expenses related to constructing a new facility in Houston to house the shuttle.
The Smithsonian was designated as Discovery‘s permanent home over a decade ago through a competitive bidding process that involved various educational and scientific institutions. Ultimately, the other retired space shuttles were allocated to the Kennedy Space Center in Florida and the California Science Center. In 2012, NASA transferred all rights and ownership of Discovery to the Smithsonian, which has since asserted its legal responsibility for the shuttle’s conservation and stewardship.
Texas lawmakers have disputed the Smithsonian’s cost estimates and its claim of ownership. Their letter to the DOJ references unnamed “industry experts,” suggesting that the true cost of relocation could be significantly less than the Smithsonian’s projections. They also argue that the Smithsonian is a government entity, despite its designation as a “trust instrumentality,” which operates independently while receiving a majority of its funding from the federal government.
In their letter, Cornyn, Cruz, and Weber request that the DOJ investigate whether Smithsonian personnel or funds were used to obstruct the implementation of the OBBBA. The letter states, “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 lawmakers further criticized the Smithsonian’s leadership and its exhibition choices, accusing the institution of promoting a politicized agenda that undermines its responsibilities as a federal entity. They specifically referenced its depictions of slavery in American history and plans to highlight transgender women in the upcoming American Women’s History Museum.
Joe Stief, founder of KeeptheShuttle.org, an independent group opposing the relocation, remarked that the lawmakers’ actions represent an attempt to silence the Smithsonian’s defense of its ownership rights to Discovery. He noted that the complaint mirrors a previous appeal made to Chief Justice John Roberts, who serves as the chancellor of the Smithsonian’s Board of Regents, but received no public response.
The Smithsonian’s governance structure includes a Board of Regents, which consists of the Chief Justice, the Vice President, three members of the House of Representatives, three Senators, and nine citizen regents. Stief pointed out that while the Texas Senators seek a more favorable response from the DOJ, the institution’s communications with Congress may not constitute lobbying as defined by the law.
The ongoing dispute raises questions about the application of the Anti-Lobbying Act to hybrid institutions like the Smithsonian, which rely on both federal and trust funding. As of now, the Smithsonian has not publicly commented on the lawmakers’ letter, and it remains unable to respond due to the ongoing government shutdown.
