Texas Senators Push for Discovery’s Move Amid Legal Controversy

A significant conflict has emerged regarding the future of the space shuttle Discovery, with Texas Senators John Cornyn and Ted Cruz, alongside Representative Randy Weber, urging the Department of Justice (DOJ) to investigate the Smithsonian Institution. The lawmakers claim that the Smithsonian has violated the Anti-Lobbying Act by using federal funds to oppose a legislative mandate for Discovery’s relocation from its current home 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 on October 22, 2023, the Texas representatives allege that the Smithsonian improperly lobbied against the “One Big Beautiful Bill Act” (OBBBA), which directs the transfer of Discovery to the NASA Johnson Space Center in Houston. They assert that the museum has engaged in lobbying activities, including influencing congressional staff and collaborating with journalists to generate sympathetic media coverage aimed at retaining the shuttle within the Smithsonian’s collection.

The origins of this dispute can be traced back to the “Bring the Space Shuttle Home Act,” introduced by Cornyn and Cruz in April 2023. Although the act was unsuccessful in committee, provisions were later incorporated into the OBBBA, which was signed into law on July 4, 2023. While the legislation does not explicitly name Discovery, it mandates the transfer of a human-flown “space vehicle” to a NASA center engaged in the Commercial Crew Program within an 18-month timeframe.

Texas lawmakers emphasize Houston’s importance in the United States’ human space exploration efforts, describing the city as “honored” to welcome Discovery. However, the Smithsonian maintains that it possesses full ownership of the shuttle and has voiced concerns regarding the legal implications of relocating such a significant artifact. The institution has also highlighted the logistical challenges and costs associated with physically transporting the 122-foot-long (37-meter) orbiter across the country.

The Smithsonian’s estimates suggest that relocating Discovery would necessitate partial disassembly, with costs projected to be between $120 million and $150 million, significantly exceeding the $85 million allocated in the OBBBA. This figure does not account for the expenses related to constructing a new facility in Houston to house the shuttle.

Discovery was designated to the Smithsonian over a decade ago following a national competition to determine the final resting places for retired space shuttles. While Atlantis was assigned to the Kennedy Space Center in Florida and Endeavour to the California Science Center, Discovery was awarded to the Smithsonian. According to the institution, NASA transferred “all rights, title, interest, and ownership” of the shuttle to the museum in 2012, solidifying its legal responsibility for its conservation and long-term stewardship.

The Texas lawmakers have dismissed the Smithsonian’s cost assessments and its claim of ownership. Their letter to the DOJ cites “industry experts” who estimate that the actual cost of relocation could be more than ten times lower than the Smithsonian’s projections. They also challenge the assertion that the museum is not a government entity, pointing out that while the Smithsonian operates independently, it was established by Congress as a “trust instrumentality” serving a public purpose.

The letter to the DOJ urges an investigation into whether Smithsonian personnel or funds have been utilized to obstruct the implementation of the law. The lawmakers state, “These activities raise significant concerns under the Anti-Lobbying Act,” which restricts the use of appropriated funds for activities intended to influence public opinion regarding legislative matters.

In addition to their concerns about lobbying, the lawmakers have criticized Smithsonian leadership for allegedly promoting a “politicized agenda” that undermines its federal responsibilities. This criticism includes references to the institution’s portrayals of slavery in American history and the inclusion of transgender women in the upcoming American Women’s History Museum.

Joe Stief, founder of KeeptheShuttle.org, a group opposing the relocation, described the lawmakers’ actions as an attempt to silence the Smithsonian. He noted that their complaint echoes an earlier appeal to Chancellor and Chief Justice John Roberts, which received no public response.

The Smithsonian is governed by a Board of Regents, which includes the Chief Justice of the Supreme Court, the Vice President of the United States, and several members of Congress. Stief remarked that it seems Senator Cornyn is seeking a more favorable audience with the DOJ following the lack of response from the Chancellor.

The lawmakers assert that judicial precedents recognize the Smithsonian as a federal government entity, which would make its communications with Congress exempt from the definition of lobbying. Guidance from the DOJ and the Government Accountability Office indicates that direct communications between federal entities and Congress regarding official matters do not constitute lobbying.

As of now, it remains unclear whether the DOJ will conduct a formal review of the Texas lawmakers’ claims. Such a review could test the applicability of the Anti-Lobbying Act to hybrid institutions like the Smithsonian, which rely on a combination of federal and trust funding. The Smithsonian has not commented on the recent letter from the lawmakers and is unable to respond due to the ongoing government shutdown.