Texas Senators Push DOJ to Investigate Smithsonian Over Shuttle Discovery

The conflict over the future of the space shuttle Discovery has escalated, with Texas Senators John Cornyn and Ted Cruz urging the Department of Justice (DOJ) to investigate the Smithsonian Institution for alleged violations of the Anti-Lobbying Act. The senators, alongside Representative Randy Weber, contend that the Smithsonian has misused federal funds to oppose the transfer of the shuttle to Texas, specifically the Johnson Space Center in Houston.

In a letter dated October 22, 2023, addressed to Attorney General Pam Bondi and Assistant Attorney General Brett Shumate, the lawmakers accused the Smithsonian of lobbying Congress and engaging with journalists to bolster its case for retaining Discovery. They allege that the institution has circulated inflated estimates of the costs associated with relocating the shuttle, which spans 122 feet (37 meters).

The dispute dates back to the “Bring the Space Shuttle Home Act,” a proposal introduced by Cornyn and Cruz in April that failed in committee but later found its way into President Donald Trump’s “One Big Beautiful Bill Act” (OBBBA). While the legislation does not explicitly mention Discovery, it mandates the transfer of a human-flown “space vehicle” to a NASA center involved in the administration of the Commercial Crew Program. Following the bill’s signing on July 4, 2023, a deadline was set for NASA to select a vehicle for relocation, with an 18-month timeline for the transfer.

In their communication to the DOJ, the Texas lawmakers praised Houston as a “cornerstone of America’s human space exploration program” and expressed the city’s eagerness to welcome Discovery. Conversely, the Smithsonian maintains that it possesses full ownership of the shuttle, having been awarded all rights by NASA in 2012. The institution has raised concerns regarding the legality of removing such a significant artifact from its national collection.

The Smithsonian’s assessment indicates that transporting Discovery would require partial disassembly, with costs projected between $120 million and $150 million. This estimate far exceeds the $85 million allocated but not yet appropriated under the OBBBA. Additionally, this figure does not account for expenses related to constructing a new facility in Houston to house the shuttle.

In 2011, the Smithsonian was designated as Discovery‘s final home following a nationwide selection process involving various educational institutions and museums. Ultimately, the space shuttles were distributed among notable sites, with Discovery being assigned to the Udvar-Hazy Center in Virginia.

Texas lawmakers rejected the Smithsonian’s cost estimates and ownership claims, referencing “industry experts” who suggest that the actual relocation costs would be significantly lower. They argue that the Smithsonian, as a “trust instrumentality,” is a federally recognized entity but operates independently with two-thirds of its funding sourced from the government.

Cornyn, Cruz, and Weber’s letter to the DOJ points to potential violations of the Anti-Lobbying Act, which prohibits the use of federal funds to influence public opinion on legislative matters. They assert that Smithsonian personnel may have engaged in activities to obstruct the implementation of the law, thereby raising serious concerns.

The lawmakers also criticized the Smithsonian’s leadership, claiming that its exhibits reflect a politicized agenda that undermines its responsibilities as a federal entity. Joe Stief, founder of KeeptheShuttle.org, an organization opposing the relocation, characterized the lawmakers’ actions as an effort to silence the Smithsonian’s defense of its ownership rights.

The Smithsonian is governed by a Board of Regents, which includes prominent figures such as the Chief Justice of the Supreme Court and various congressional members. Stief noted that the lawmakers’ complaint mirrors a previous appeal to Chancellor John Roberts, which did not elicit a public response.

While the Texas senators have called for a formal DOJ review, the Smithsonian has not issued a comment on the letter due to the ongoing government shutdown. Whether the DOJ will support the lawmakers’ assertions remains uncertain, as the situation presents a unique challenge regarding the authority of the Anti-Lobbying Act over hybrid institutions like the Smithsonian.