Health and Human Services Secretary Xavier Becerra told investigators he was just speaking "off-the-cuff" but OSC still found it was a violation of the law limiting political activity. Anna Moneymaker/Getty Images
The HHS Secretary Violated the Hatch Act, Office of Special Counsel Determines
“With a presidential election approaching next year, this report offers an opportunity to deter violations by reminding federal employees at all levels of the Hatch Act restrictions,” OSC says.
The Health and Human Services secretary violated the Hatch Act ahead of the midterm elections last year, the independent agency that oversees civil service law announced on Tuesday.
HHS Secretary Xavier Becerra expressed support for the reelection of Sen. Alex Padilla, D-Calif., in his official capacity during a speech at the Congressional Hispanic Caucus Institute Annual Awards Gala in September 2022, the Office of Special Counsel said in a report sent to the president for appropriate action. The Hatch Act limits the on-the-job partisan political activities of federal employees.
“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,” Special Counsel Henry Kerner wrote to President Biden. “With a presidential election approaching next year, this report offers an opportunity to deter violations by reminding federal employees at all levels of the Hatch Act restrictions.”
At the gala, Becerra was given the 2022 American Dream Medallion Award and he gave remarks about HHS and the Biden administration’s work, which were reviewed and approved by an HHS ethics attorney. After a short video about Becerra was played, which identified him as the 25th HHS secretary, Padilla presented the award to him.
“Once the video concluded, Secretary Becerra thanked Senator Padilla for the award and, deviating from his prepared remarks, stated, ‘To my brother, my friend and Senator, and someone I will be voting for in a little but 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,’” the report stated. Some members of Becerra’s staff were at the gala and recorded the remarks. “On the recording, someone on his staff can be heard gasping after the secretary’s comments about Senator Padilla and saying, ‘No, no you can’t say that.’”
During the investigation, Becerra told OSC that his remarks were “off-the-cuff,” and reflected his “long-standing personal relationship” with Padilla. For the voting part of his statement, Becerra said, “I don’t believe I thought of that as conveying anything more than what I as a responsible citizen would be doing in the near future.”
OSC was not swayed.
“Becerra’s proffered explanations do not serve to mitigate the issuance of this report to the president,” the report said. The office also noted Becerra has received “ample information” on the Hatch Act since he came into office.
HHS and the White House did not immediately respond for comment.
Penalties for violating the Hatch Act include removal from federal service, reduction in grade, debarment from federal employment for up to five years, reprimand or a civil penalty up to $1,000.
Senior political appointees can only be held accountable by the president, which was something a group of Democratic lawmakers sought to change in 2019 to give OSC more authority. Presidents can ignore OSC’s recommendations, as has happened in the past.