Social media has been blaming President Biden’s Department of Transportation for a meme to promote his Build Back Better agenda, which some people have accused of improperly lobbying. The meme was posted by the Department of Transportation, in which a man or woman text each other in bed, from different locations.

The woman questions the man about his thoughts, to which he replies that he is thinking about the new infrastructure law. The meme claims that the bill will make it so much easier to get from place to place over the next decade, and how when combined together with the Build Back better Act, it will create millions of new jobs.

She replied “same” with a smiley face emoticon.

Many online critics found the meme offensive, including those who thought it was too funny and those who believed the department improperly lobbied to pass specific legislation.

An ex-California Assemblyman and Vice President of the Texas Public Policy Foundation tweeted that it appears to be lobbying and that federal agency are not allowed to be so explicit in supporting specific legislation.

Congress passed federal laws regarding federal funds, which prohibited employees and agencies from lobbying Congress or the public for legislation that is pending in Congress. It is not clear if the tweet by the Department of Transportation is in violation of that law.

Jen Psaki, White House Press Secretary, was charged with Hatch Act violations earlier in the year and promised to choose her words more carefully after commenting on the Virginia governor’s race from the White House.