Randy Weber

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Texas lawmakers double down on Discovery, call for DOJ investigation into Smithsonian

It is unknown what, if any, actions Roberts took in response to the letter. The Smithsonian issued a statement asserting it “does not engage in direct or grassroots lobbying” and that its staff has “acted in accordance with all governing rules and regulations.”

The Smithsonian has also stated that it is not a part of the federal government and holds clear title to Discovery, as transferred by NASA in 2012. As such, any attempt to remove Discovery from its collection would be unprecedented. The Congressional Research Service raised similar concerns about ownership in a briefing paper it prepared for lawmakers.

The crux of the concerns seems to be a letter the Smithsonian sent to the congressional authorizing and appropriating committees, as first shared by KeepTheShuttle, a grassroots organization founded to support Discovery staying at the National Air and Space Museum’s Steven F. Udvar-Hazy Center in Chantilly, Virginia. In that letter, the Smithsonian cited a cost of $35 million to $65 million more than the $85 million authorized by the Big Beautiful Bill Act (and that excluded the construction of a display facility, which was included in the legislation’s budget).

To chop or not to chop

The Smithsonian, together with NASA, also expressed concern that “Discovery will have to undergo significant disassembly to be moved.”

That possibility, along with the logistics and costs of making the move, resulted in Sens. Mark Kelly (D-Ariz.), Dick Durbin (D-Ill.), Mark Warner (D-Va.), and Tim Kaine (D-Va.) sending their own letter to the Senate Committee on Appropriations to block funding for the move. Kelly, a former NASA astronaut who flew on Discovery twice, and Warner also released a video on social media contrasting chopping vegetables to chopping up the space shuttle.

“To get it down there [to Houston], you would have to rip off the wings. The head shield, all of those tiles on the bottom, would be stripped off. The white thermal blankets? Gone,” Kelly said in the video released on Tuesday. “If Ted Cruz and Cornyn think they are putting this thing back together, I want to see them get out there. They’ll be out there for the next 10 years trying to figure this out.

“This is the dumbest plan I’ve ever heard in nearly five years in the United States Senate,” said Kelly.

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Texas politicians warn Smithsonian it must not lobby to retain its space shuttle

(Oddly, Cornyn and Weber’s letter to Roberts described the law as requiring Duffy “to transfer a space vehicle involved in the Commercial Crew Program” rather than choosing a destination NASA center related to the same, as the bill actually reads. Taken as written, if that was indeed their intent, Discovery and the other retired shuttles would be exempt, as the winged orbiters were never part of that program. A request for clarification sent to both Congress members’ offices was not immediately answered.)

two men in business suits sit front of a large model of a space shuttle

Sen. John Cornyn (R-TX, at right) sits in front of a model of Space Shuttle Discovery at Space Center Houston, where they want to move the real orbiter. Credit: collectSPACE.com

In the letter, Cornyn and Weber cited the Anti-Lobbying Act as restricting the use of funds provided by the federal government to “influence members of the public to pressure Congress regarding legislation or appropriations matters.”

“As the Smithsonian Institution receives annual appropriations from Congress, it is subject to the restrictions imposed by this statute,” they wrote.

The money that Congress allocates to the Smithsonian accounts for about two-thirds of the Institution’s annual budget, primarily covering federal staff salaries, collections care, facilities maintenance, and the construction and revitalization of the buildings that house the Smithsonian’s 21 museums and other centers.

Pols want Smithsonian to stay mum

As evidence of the Smithsonian’s alleged wrongdoing, Cornyn and Weber cited a July 11 article by Zach Vasile for Flying Magazine, which ran under the headline “Smithsonian Pushing Back on Plans to Relocate Space Shuttle.” Vasile quoted from a message the Institution sent to Congress saying that there was no precedent for removing an object from its collection to send it elsewhere.

The Texas officials wrote that the anti-lobbying restrictions apply to “staff time or public relations resources” and claimed that the Smithsonian’s actions did not fall under the law’s exemptions, including “public speeches, incidental expenditures for public education or communications, or activities unrelated to legislation or appropriations.”

Cornyn and Weber urged Roberts, as the head of the Smithsonian’s Board of Regents, to “conduct a comprehensive internal review” as it applied to how the institution responded to the One Big Beautiful Bill Act.

“Should the review reveal that appropriated funds were used in a manner inconsistent with the prohibitions outlined in the Anti-Lobbying Act, we respectfully request that immediate and appropriate corrective measures be implemented to ensure the Institution’s full compliance with all applicable statutory and ethical obligations,” Cornyn and Weber wrote.

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