Texas Senators Push for Space Shuttle Discovery’s Move to Houston

The battle over the future of the space shuttle Discovery has escalated, with Texas Senators John Cornyn and Ted Cruz, along with Texas Representative Randy Weber, appealing to the Department of Justice (DOJ) to investigate the Smithsonian Institution. Their claim centers on allegations that the Smithsonian has improperly utilized federal funds to oppose a legislative initiative aimed at relocating the shuttle from its current home at the Smithsonian’s Udvar-Hazy Center in Virginia to Houston, Texas.

In a letter dated October 22, 2023, addressed to Attorney General Pam Bondi and Assistant Attorney General Brett Shumate, the lawmakers assert that the Smithsonian has violated the Anti-Lobbying Act by allegedly lobbying against President Trump’s “One Big Beautiful Bill Act” (OBBBA). This act mandates the transfer of Discovery to Houston, home of NASA’s Johnson Space Center. The senators accuse the Smithsonian of engaging in lobbying efforts, including coordinating with journalists and disseminating inflated cost estimates for the shuttle’s relocation.

The roots of this dispute trace back to the “Bring the Space Shuttle Home Act,” which was introduced by Cornyn and Cruz in April 2023. While the bill initially failed in committee, it found its way into Trump’s OBBBA, which does not specifically mention Discovery but directs the transfer of a human-flown “space vehicle” to a NASA center involved in the Commercial Crew Program. The bill, signed into law on July 4, 2019, established a deadline for NASA to select a vehicle and set an 18-month timeframe for relocation.

The Texas lawmakers describe Houston as “the cornerstone of America’s human space exploration program,” expressing a strong desire for Discovery to take up residence there. However, the Smithsonian firmly maintains its ownership of Discovery, citing legal and logistical challenges associated with its removal. The museum has raised concerns about the potential costs and complexities of relocating the 122-foot-long (37-meter) orbiter across the country.

In a recent communication to Congress, the Smithsonian indicated that both it and NASA had concluded that moving Discovery would necessitate partial disassembly, with estimated costs ranging from $120 million to $150 million. This figure significantly exceeds the $85 million allocated in the OBBBA, which has not yet been appropriated. The Smithsonian also noted that this estimate does not account for the expenses associated with constructing a new facility in Houston to house the shuttle.

Discovery was assigned to the Smithsonian over a decade ago following a nationwide competition for the remaining space shuttles after the fleet’s retirement in 2011. Various institutions, including the Smithsonian and Johnson Space Center, submitted bids to host the shuttles. Ultimately, the Smithsonian was granted Discovery, while Atlantis was sent to the Kennedy Space Visitors Center in Florida and Endeavour to the California Science Center. According to the Smithsonian, NASA transferred “all rights, title, interest, and ownership” of Discovery to the museum in 2012, cementing its obligation for the shuttle’s long-term stewardship and conservation.

Texas lawmakers have contested both the Smithsonian’s financial estimates for Discovery’s transport and its legal claim to ownership. Their letter to the DOJ refers to “industry experts” who estimate the actual relocation cost to be significantly lower than the Smithsonian’s projections. They also challenge the notion that the Smithsonian operates solely as a government entity, arguing that it is a “trust instrumentality” created by Congress to fulfill a public purpose while functioning independently.

The lawmakers’ letter raises significant concerns regarding the Smithsonian’s activities under the Anti-Lobbying Act, which prohibits the use of federal funds for efforts aimed at influencing legislative matters. They assert that the Smithsonian’s communications with Congress, which they deem obstructive to the implementation of the law, may constitute a violation of this act.

In a statement to Space.com, Joe Stief, founder of KeeptheShuttle.org, an independent group opposed to the relocation, criticized the lawmakers’ actions as an attempt to silence the Smithsonian from asserting its ownership rights over Discovery. He pointed out that the Smithsonian is governed by a Board of Regents, which includes prominent figures such as the Chief Justice of the Supreme Court and members of Congress.

Stief noted that the lawmakers’ recent complaint echoes a previous appeal to Chancellor and Chief Justice John Roberts in August, which did not receive a public response. He suggested that Cornyn’s current actions may aim to engage a more receptive audience within the DOJ.

The lawmakers assert that previous court decisions have recognized the Smithsonian as a federal government entity, which subjects it to federal law and grants it certain immunities. However, whether the DOJ’s review would align with the Texas lawmakers’ perspective remains uncertain. Such an inquiry could potentially challenge the application of the Anti-Lobbying Act to institutions like the Smithsonian that rely on a mix of federal and trust funding.

As the situation continues to unfold, the Smithsonian has refrained from commenting on the lawmakers’ letter, particularly during the ongoing government shutdown. The outcome of this conflict over the future of Discovery remains to be seen as both sides prepare for a protracted legal and political struggle.