Texas Senators Urge Justice Department to Investigate Smithsonian

A significant dispute has emerged regarding the future of the space shuttle Discovery, as Texas lawmakers seek intervention from the Department of Justice (DOJ). Senators John Cornyn and Ted Cruz, alongside Representative Randy Weber, have requested an investigation into the Smithsonian Institution for alleged violations of the Anti-Lobbying Act.

On October 22, 2023, the lawmakers sent a letter to Attorney General Pam Bondi and Assistant Attorney General Brett Shumate, claiming that the Smithsonian has inappropriately utilized federal funds to oppose President Trump’s “One Big Beautiful Bill Act” (OBBBA). This act aims to facilitate the transfer of Discovery from the Smithsonian’s Udvar-Hazy Center in Virginia to Houston, the site of NASA’s Johnson Space Center.

The conflict traces back to the “Bring the Space Shuttle Home Act,” introduced by Cornyn and Cruz in April, which failed in committee but was later subsumed into the OBBBA. While the new 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, NASA was given an 18-month deadline to select a vehicle for relocation.

In their correspondence, the Texas lawmakers assert that Houston is “the cornerstone of America’s human space exploration program” and express enthusiasm for welcoming Discovery. They contend that the Smithsonian has engaged in lobbying efforts to maintain the shuttle’s position within its collection, including communicating with congressional staff and inflating estimates of relocation costs.

The Smithsonian, however, maintains that it holds full ownership of Discovery and has raised critical concerns regarding the legal implications of removing an artifact from its national collection. The institution estimates that relocating the 122-foot-long (37-meter) orbiter would require partial disassembly, with costs ranging from $120 million to $150 million. This figure significantly exceeds the $85 million allocated in the OBBBA, which has yet to be appropriated, and does not account for expenses associated with constructing a new facility in Houston.

The selection of the Smithsonian as Discovery’s final resting place was determined over a decade ago through a competitive bidding process involving various educational institutions, museums, and space centers. Ultimately, the Smithsonian was awarded Discovery in 2012 after NASA transferred all rights and ownership to the institution, which now asserts its responsibility for the shuttle’s conservation and long-term care.

Texas lawmakers have challenged the Smithsonian’s cost estimates and its claims of ownership. They reference “industry experts” who believe that the actual relocation costs would be substantially lower than the Smithsonian’s projections. The lawmakers argue that the Smithsonian, historically recognized as a “trust instrumentality” created by Congress, operates as an independent entity despite receiving a significant portion of its funding from the federal government.

In their letter to the DOJ, Cornyn, Cruz, and Weber express concerns that Smithsonian actions may violate the Anti-Lobbying Act, which prohibits the use of federal funds for efforts intended to influence public opinion on legislative matters. 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 also criticized Smithsonian leadership and its exhibits, alleging they reflect a “politicized agenda” that undermines the institution’s responsibilities as a federal entity. This includes recent depictions of slavery in American history and the inclusion of transgender women in the upcoming American Women’s History Museum.

In response to the ongoing dispute, Joe Stief, founder of KeeptheShuttle.org, an independent group opposing the relocation, voiced his criticism of the lawmakers’ actions. He characterized their attempt to silence the Smithsonian as an effort to undermine its rights to Discovery.

The Smithsonian is governed by a Board of Regents, which includes high-ranking officials such as the Chief Justice of the Supreme Court and members from both the House of Representatives and the Senate. Stief noted that the lawmakers’ complaint mirrors a previous appeal to Chief Justice John Roberts, which received no public response.

The lawmakers’ letter to the DOJ cites multiple court decisions that recognize the Smithsonian as a federal government entity, arguing that this status subjects it to federal law. However, direct communication between federal entities and Congress regarding official business is generally categorized as intragovernmental coordination rather than lobbying under the Anti-Lobbying Act.

As the government shutdown limits the Smithsonian’s ability to respond, the outcome of the Texas lawmakers’ request for a DOJ review remains uncertain. A formal investigation could have implications for how the Anti-Lobbying Act applies to hybrid institutions like the Smithsonian, which rely on a combination of federal and trust funding.