A political and legal war has once again heated up over what should happen to Space Shuttle Discovery. A provision buried in former President Trump’s sprawling “Big Beautiful Bill” directs NASA to transfer a “space vehicle” to a facility involved in the Commercial Crew Program, a veiled reference to the Smithsonian’s Discovery and a clear attempt to relocate the iconic orbiter to NASA’s Johnson Space Centre in Houston.
The proposal was initially presented as the Bring the Space Shuttle Home Act by Texas Senators John Cornyn and Ted Cruz but languished until it was included in the huge omnibus spending bill. In the bill, there is a provision of $85 million to relocate the shuttle and a new exhibition area. But the Smithsonian Institution is not going to give in, and it is insisting that Discovery is legally and permanently part of its collection.
The Smithsonian, in a formal statement, stressed that Discovery had been sold to NASA in 2012 and that the agency had all rights, title, interest and ownership. Discovery is one of the main pieces of the mission of the National Air and Space Museum, which is to preserve the aerospace legacy of America, and the plane is housed in the Steven F. Udvar-Hazy Centre near Washington, D.C. Museum managers believe that the Congress has no right to take possession of artefacts that are in the custody of the people.
There are plenty of legal questions. The Smithsonian is a trust instrumentality, not a government agency, although it is federally funded. A July report by the Congressional Research Service questioned the authority of Congress to compel repossession of artefacts held by independent institutions such as the Smithsonian.
Logistics add to the complications. It would be expensive and dangerous to transport the 122-foot-long orbiter and could cost more than 300 million dollars. Infrastructure that was used to transport shuttles, like the Mate-Demate Devices, does not exist anymore.
At Senate hearings, Sen. Dick Durbin referred to the move as a “heist by Texas,” referring to the initial vote in 2011 that placed Discovery with the Smithsonian following a competitive review. They were defeated 12 years back. We cannot rewrite history, said Durbin. At least in the near future, Discovery is still based in Virginia, not Houston, as part of a standoff that has pitted preservation, politics, and pride against each other.
