The US Office of Special Counsel (OSC) Tuesday released a report concluding that current Health and Human Services Secretary Xavier Becerra violated the Hatch Act, a law that regulates political activity by government personnel.

The Hatch Act, passed in 1939, restricts the types of campaign activities federal employees can participate in while holding office. Because Becerra was appointed to his position by President Biden, he falls under the act’s severe restrictions which prohibit appointees from any engagement in political campaigns that have a partisan affiliation. Those in violation of the act can lose their federal position, receive a suspension or face a fine of up to $1,000.

The OSC explained that Becerra violated the Hatch Act during his speech at the Congressional Hispanic Caucus Institute Annual Awards Gala in September 2022 where he received the 2022 American Dream Medallion Award. Becerra, the first Latino secretary of HHS, made some self-described “off-the-cuff” remarks after Senator Alex Padilla (D-CA) presented him with the award. Padilla, who was running for Senate at the time, was previously selected by California Governor Gavin Newsom to fill the seat vacated by Vice President Kamala Harris.

During his speech, Becerra stated:

To my brother, my friend and Senator, and someone I will be voting for in a little bit more than a month, Alex Padilla, thank you so much, Senator, for being there for all of us. We are proud to have you as our Senator.

This endorsement, according to the OSC, directly violated the Hatch Act because Becerra formally supported a partisan electoral candidate while serving as a federal appointee.

The OSC’s report notes that “While federal employees are permitted to express support for candidates when speaking in their personal capacity, the Hatch Act restricts employees from doing so when speaking as a government official.” The agency concluded that Becerra violated the act because he “mixed his personal electoral preference with official remarks.”

The report included an email response Beccara sent to the OSC admitting the Hatch Act violation, which stated:

I did not intend to use my official authority or influence for purpose of interfering with or affecting the result of an election, and I regret this inadvertent violation. While I did not realize at the time that my off-the-cuff remarks concerning my personal voting intentions were in violation of the Hatch Act, I now understand why they were not permitted.

The report comes amid growing calls for ethical accountability across the US. Two weeks ago, a report alleged US Supreme Court Justice Clarence Thomas failed to report hundreds of thousands of dollars worth of gifts from partisan donors.