The meme, posted by the Department of Transportation on Friday, is in the form of a popular meme format where a man and a woman are texting each other, each in bed in different places.
"What are you thinking about?" the woman asks the man.
"I’m thinking about how the new infrastructure law is going to make getting from place to place so much better over the next decade and how when combined with the Build Back Better Act, it will create millions of new jobs," the man responds.
"Same," the woman writes back with a smiley face emoji.
The meme was criticized by many online by those who didn’t find it funny as well as by some who suggested the department had improperly lobbied for specific legislation, in this case, the $1.75 trillion Build Back Better bill being debated in Congress.
"This appears to be lobbying," former California Assemblyman and Vice-President of the Texas Public Policy Foundation tweeted. "I didn't think federal agencies were allowed to be so blatant in promoting specific legislation. The Secretary of Transportation can, of course, but the DOT's official website? Seems unusual."
Congress has enacted federal laws on the use of federal funds that prohibit agencies and employees from "lobbying" the Congress or the public in favor of legislation that is pending in Congress. Still, it must be noted that it is unclear if the tweet from the Department of Transportation violates that law.
The U.S. Office of Special Counsel, which typically investigates Hatch Act violations, did not immediately respond to a request for comment on the matter.
White House Press Secretary Jen Psaki was accused of a Hatch Act violation earlier this year and vowed to "choose my words more carefully" in the future after commenting on the Virginia gubernatorial race from the White House press room podium.
"Today, we are finally getting this done," the Democrat told lawmakers from both major parties in a bill signing ceremony at the White House on Monday.
The bill caused a distinguished rift in Mr Biden's party that was partly blamed for a Democratic election loss this month.