Senator Tom Udall of New Mexico, the top Democrat on the panel, said Wednesday that he had asked the investigative arm of Congress, the Government Accountability Office, to investigate whether the E.P.A. acted improperly when it appeared to mock Democrats on Twitter after the Senate voted to confirm the agency’s second-in-command, Andrew Wheeler.
The tweet, sent from the agency’s official account on April 13, said, “The Senate does its duty: Andrew Wheeler confirmed by Senate as deputy administrator of @EPA. The Democrats couldn’t block the confirmation of environmental policy expert and former EPA staffer under both a Republican and a Democrat president.” Mr. Udall asked the accountability office to issue a legal opinion on whether the tweet violated the Antideficiency Act, which prohibits the use of federal funds for publicity or propaganda.
“This communication did nothing to further the public’s understanding of the environment or public health — and as an act of pure partisan taunting, the case is clear for why it represents a violation of federal law,” Mr. Udall said in a statement, adding, “We can add this investigation to the ever-expanding list of Scott Pruitt’s ethical transgressions.”
What Republicans are expected to talk about
This one is tougher. Senator Lisa Murkowski of Alaska, chairwoman of the appropriations committee’s environment panel, called for Mr. Pruitt to testify at a time when Republican support for Mr. Pruitt appeared to be on a downswing. Since then, however, Republicans have tamped down criticism of the E.P.A. chief.
One notable exception is Senator Chuck Grassley of Iowa.
Mr. Grassley on Tuesday threatened to be the first Republican to call on Mr. Pruitt to resign, citing his frustration with the administrator over waivers the E.P.A. has given to small fuel refineries exempting them from a federal ethanol mandate on the nation’s gasoline. While Mr. Grassley is not a member of the committee that Mr. Pruitt will face, his concerns are shared by other corn-state Republicans and could become an issue at the hearing.
If past is prologue, though, Mr. Pruitt is likely to hear Republicans express concerns about his stewardship of E.P.A. in their opening statements but mostly draw attention to the regulatory rollbacks that they, and many of their constituents, support.
What Pruitt is expected to say
Last time around, Mr. Pruitt repeatedly shifted blame to members of his staff for the spending and ethical issues dogging him.
He said his chief of staff, Ryan Jackson, had been solely responsible for giving $72,000 in raises to two aides who previously worked with Mr. Pruitt in Oklahoma. He said career staff members had signed off on spending $43,000 to install a secure phone booth, an expense that was ultimately found to violate federal law. And he said his security detail had insisted he fly first class for his own protection.
In one exchange with Representative Ben Ray Luján of New Mexico, Mr. Pruitt had to be asked three times if he was the E.P.A. administrator before answering in the affirmative, but avoided answering whether the buck stopped with him.
“That’s not a yes or no answer,” Mr. Pruitt replied then. It’s a safe bet Mr. Pruitt will continue to tread as carefully Wednesday, and the E.P.A. spokesman, Jahan Wilcox, said in a statement that Mr. Pruitt remained focused on policy.
“From advocating to leave the Paris Accord, working to repeal Obama’s Clean Power Plan and Waters of the United States, declaring a war on lead and cleaning up toxic Superfund sites, Administrator Pruitt is focused on advancing President Trump’s agenda of regulatory certainty and environmental stewardship,” Mr. Wilcox said.
Where the president stands
President Trump has remained steadfast in his support for Mr. Pruitt, despite the arguments of several White House aides — including John F. Kelly, the president’s chief of staff — that the administrator should be fired. Asked last week if he still had confidence in Mr. Pruitt, the president replied, “I do.”
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