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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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Houston, you’ve got a space shuttle… only NASA won’t say which one


An orbiter by any other name…

“The acting administrator has made an identification.”

a side view of a space shuttle orbiter with its name digitally blurred out

Don’t say Discovery: Acting NASA Administrator Sean Duffy has decided to send a retired space shuttle to Houston, but won’t say which one. Credit: Smithsonian/collectSPACE.com

Don’t say Discovery: Acting NASA Administrator Sean Duffy has decided to send a retired space shuttle to Houston, but won’t say which one. Credit: Smithsonian/collectSPACE.com

The head of NASA has decided to move one of the agency’s retired space shuttles to Houston, but which one seems to still be up in the air.

Senator John Cornyn (R-Texas), who earlier this year introduced and championed an effort to relocate the space shuttle Discovery from the Smithsonian to Space Center Houston, issued a statement on Tuesday evening (August 5) applauding the decision by acting NASA Administrator Sean Duffy.

“There is no better place for one of NASA’s space shuttles to be displayed than Space City,” said Cornyn in the statement. “Since the inception of our nation’s human space exploration program, Houston has been at the center of our most historic achievements, from training the best and brightest to voyage into the great unknown to putting the first man on the moon.”

Keeping the shuttle a secret, for some reason

The senator did not state which of NASA’s winged orbiters would be making the move. The legislation that required Duffy to choose a “space vehicle” that had “flown in space” and “carried people” did not specify an orbiter by name, but the language in the “One Big Beautiful Bill” that President Donald Trump signed into law last month was inspired by Cornyn and fellow Texas Senator Ted Cruz’s bill to relocate Discovery.

“The acting administrator has made an identification. We have no further public statement at this time,” said a spokesperson for Duffy in response to an inquiry.

a man with gray hair and pale complexion wears a gray suit and red tie while sitting at a table under a red, white and blue NASA logo on the wall behind him

NASA’s acting administrator, Sean Duffy, identified a retired NASA space shuttle to be moved to “a non-profit near the Johnson Space Center” in Houston, Texas, on Aug. 5, 2025. Credit: NASA/Bill Ingalls

It is not clear why the choice of orbiters is being held a secret. According to the bill, the decision was to be made “with the concurrence of an entity designated” by the NASA administrator to display the shuttle. Cornyn’s release only confirmed that Duffy had identified the location to be “a non-profit near the Johnson Space Center (JSC).”

Space Center Houston is owned by the Manned Space Flight Education Foundation, a 501(c)3 organization, and is the official visitor’s center for NASA’s Johnson Space Center.

“We continue to work on the basis that the shuttle identified is Discovery and proceed with our preparations for its arrival and providing it a world-class home,” Keesha Bullock, interim COO and chief communications and marketing officer at Space Center Houston, said in a statement.

Orbiter owners

Another possible reason for the hesitation to name an orbiter may be NASA’s ability, or rather inability, to identify one of its three remaining space-flown shuttles that is available to be moved.

NASA transferred the title for space shuttle Endeavour to the California Science Center in Los Angeles in 2012, and as such it is no longer US government property. (The science center is a public-private partnership between the state of California and the California Science Center Foundation.)

NASA still owns space shuttle Atlantis and displays it at its own Kennedy Space Center Visitor Complex in Florida.

Discovery, the fleet leader and “vehicle of record,” was the focus of Cornyn and Cruz’s original “Bring the Space Shuttle Home Act.” The senators said they chose Discovery because it was “the only shuttle still owned by the federal government and able to be transferred to Houston.”

For the past 13 years, Discovery has been on public display at the Steven F. Udvar-Hazy Center in Chantilly, Virginia, the annex for the Smithsonian’s National Air and Space Museum in Washington, DC. As with Endeavour, NASA signed over title upon the orbiter’s arrival at its new home.

As such, Smithsonian officials are clear: Discovery is no longer NASA’s to have or to move.

“The Smithsonian Institution owns the Discovery and holds it in trust for the American public,” read a statement from the National Air and Space Museum issued before Duffy made his decision. “In 2012, NASA transferred ‘all rights, title, interest and ownership’ of the shuttle to the Smithsonian.”

The Smithsonian operates as a trust instrumentality of the United States and is partially funded by Congress, but it is not part of any of the three branches of the federal government.

“The Smithsonian is treated as a federal agency for lots of things to do with federal regulations and state action, but that’s very different than being an agency of the executive branch, which it most certainly is not,” Nick O’Donnell, an attorney who specializes in legal issues in the museum and visual arts communities and co-chairs the Art, Cultural Property, and Heritage Law Committee of the International Bar Association, said in an interview.

a space shuttle orbiter sits at the center of a hangar on display

The Smithsonian has displayed the space shuttle Discovery at the National Air and Space Museum’s Steven F. Udvar-Hazy Center in Chantilly, Virginia, since April 2012. Credit: Smithsonian National Air and Space Museum

“If there’s a document that accompanied the transfer of the space shuttle, especially if it says something like, ‘all rights, title, and interest,’ that’s a property transfer, and that’s it,” O’Donnell said.

“NASA has decided to transfer all rights, interest, title, and ownership of Discovery to the Smithsonian Institution’s National Air and Space Museum,” reads the signed transfer of ownership for space shuttle orbiter Discovery (OV-103), according to a copy of the paperwork obtained by collectSPACE.

The Congressional Research Service also raised the issue of ownership in its paper, “Transfer of a Space Vehicle: Issues for Congress.”

“The ability of the NASA Administrator to direct transfer of objects owned by non-NASA entities—including the Smithsonian and private organizations—is unclear and may be subject to question. This may, in turn, limit the range of space vehicles that may be eligible for transfer under this provision.”

Defending Discovery

The National Air and Space Museum also raised concerns about the safety of relocating the space shuttle now. The One Big Beautiful Bill allocated $85 million to transport the orbiter and construct a facility to display it. The Smithsonian contends it could be much more costly.

“Removing Discovery from the Udvar-Hazy Center and transporting it to another location would be very complicated and expensive, and likely result in irreparable damage to the shuttle and its components,” the museum’s staff said in a statement. “The orbiter is a fragile object and must be handled according to the standards and equipment NASA used to move it originally, which exceeds typical museum transport protocols.”

“Given its age and condition, Discovery is at even greater risk today. The Smithsonian employs world-class preservation and conservation methods, and maintaining Discovery‘s current conditions is critical to its long-term future,” the museum’s statement concluded.

The law directs NASA to transfer the space shuttle (the identified space vehicle) to Space Center Houston (the entity designated by the NASA administrator) within 18 months of the bill’s enactment, or January 4, 2027.

In the interim, an amendment to block funding the move is awaiting a vote by the full House of Representatives when its members return from summer recess in September.

“The forced removal and relocation of the Space Shuttle Discovery from the Smithsonian Institution’s Air and Space Museum is inappropriate, wasteful, and wrong. Neither the Smithsonian nor American taxpayers should be forced to spend hundreds of millions of dollars on this misguided effort,” said Rep. Joe Morelle (D-NY), who introduced the amendment.

A grassroots campaign, KeepTheShutle.org, has also raised objection to removing Discovery from the Smithsonian.

Perhaps the best thing the Smithsonian can do—if indeed it is NASA’s intention to take Discovery—is nothing at all, says O’Donnell.

“I would say the Smithsonian’s recourse is to keep the shuttle exactly where it is. It’s the federal government that has no recourse to take it,” O’Donnell said. “The space shuttle [Discovery] is the Smithsonian’s, and any law that suggests the intention to take it violates the Fifth Amendment on its face—the government cannot take private property.”

Photo of Robert Pearlman

Robert Pearlman is a space historian, journalist and the founder and editor of collectSPACE, a daily news publication and online community focused on where space exploration intersects with pop culture. He is also a contributing writer for Space.com and co-author of “Space Stations: The Art, Science, and Reality of Working in Space” published by Smithsonian Books in 2018. He is on the leadership board for For All Moonkind and is a member of the American Astronautical Society’s history committee.

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“It’s a heist”: Senator calls out Texas for trying to steal shuttle from Smithsonian

Citing research by NASA and the Smithsonian, Durbin said that the total was closer to $305 million and that did not include the estimated $178 million needed to build a facility to house and display Discovery once in Houston.

Furthermore, it was unclear if Congress even has the right to remove an artifact, let alone a space shuttle, from the Smithsonian’s collection. The Washington, DC, institution, which serves as a trust instrumentality of the US, maintains that it owns Discovery. The paperwork signed by NASA in 2012 transferred “all rights, interest, title, and ownership” for the spacecraft to the Smithsonian.

“This will be the first time ever in the history of the Smithsonian someone has taken one of their displays and forcibly taken possession of it. What are we doing here? They don’t have the right in Texas to claim this,” said Durbin.

Houston was not the only city to miss out on displaying a retired space shuttle. In 2011, Durbin and fellow Illinois Senator Mark Kirk appealed to NASA to exhibit one of the winged spacecraft at the Adler Planetarium in Chicago. The agency ultimately decided to award the shuttles to the National Air and Space Museum, the Kennedy Space Center Visitor Complex in Florida, and the California Science Center in Los Angeles.

Houston, we have a problem

A prototype orbiter that was exhibited where Discovery is now was transferred to the Intrepid Museum in New York City.

To be able to bring up his points at Thursday’s hearing, Durbin introduced the “Houston, We Have a Problem” amendment to “prohibit the use of funds to transfer a decommissioned space shuttle from one location to another location.”

He then withdrew the amendment after having voiced his objections.

“I think we’re dealing with something called waste. Eighty-five million dollars worth of waste. I know that this is a controversial issue, and I know that there are other agencies, Smithsonian, NASA, and others that are interested in this issue; I’m going to withdraw this amendment, but I’m going to ask my colleagues to be honest about it,” said Durbin. “I hope that we think about this long and hard.”

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Why are two Texas senators trying to wrest a Space Shuttle from the Smithsonian?

Should the city of Houston, which proudly bills itself as “Space City,” have a prized Space Shuttle orbiter on public display?

More than a decade ago, arguably, the answer was yes. After all, the Space Shuttle program was managed from Johnson Space Center, in southeastern Houston. All the astronauts who flew on the shuttle trained there. And the vehicle was operated out of Mission Control at the Houston-based facility.

But when the final decisions were being made to distribute the shuttles 15 years ago, the Houston community dragged its feet on putting together a competitive proposal. There were also questions about the ability of Space Center Houston to raise funding to house the shuttle within a new display area, which magnified concerns that the historical vehicle, like a Saturn V rocket before it, would be left outside in the region’s humid environment. Finally, other cities offered better proposals for displaying the shuttles to the public.

In the end, the four shuttles were sent to museums in Washington, DC, New York, Florida, and California.

Bring it back home

And that was all more or less settled until last week when the two US senators from Texas, John Cornyn and Ted Cruz, filed the “Bring the Space Shuttle Home Act” to move Space Shuttle Discovery from its current location at the Smithsonian’s National Air and Space Museum’s Steven F. Udvar-Hazy Center in Virginia to Houston.

The space collectibles news site, CollectSpace, has a good overview of why this move is stupidly impractical. Essentially, it would easily cost $1 billion to get one of the two shuttle aircraft carriers back into service and move Discovery, it is unclear where the shuttle could survive such a journey in its current state, and the Smithsonian is the nation’s premier museum. There’s a reason that Discovery, the most historical of the three remaining shuttles that have gone to space, was placed there.

After the senators announced their bill, the collective response from the space community was initially shock. This was soon followed by: why? And so I’ve spoken with several people on background, both from the political and space spheres, to get a sense of what is really happening here. The short answer is that it is all political, and the timing is due to the reelection campaign for Cornyn, who faces a stiff runoff against Ken Paxton.

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