Federal employees facing government shutdowns often seek information about available support, including free meals, discounts, and other forms of assistance. The availability of these offers and the ability of federal workers to accept them are governed by specific federal regulations, primarily the Antideficiency Act and associated gift rules. During past shutdowns, businesses and community organizations have stepped forward to provide support, creating a complex landscape where regulatory compliance intersects with public goodwill.
The Antideficiency Act and Voluntary Services
The Antideficiency Act, enacted in 1884 and codified at 31 U.S.C. § 1341 et seq., serves as a critical barrier against unauthorized government spending. The Act prohibits federal agencies from incurring obligations or expending funds in advance of available appropriations. Furthermore, it explicitly forbids government officers and employees from accepting "voluntary services or employ[ing] personal services exceeding those authorized by law," except in emergencies involving the safety of human life or the protection of property (31 U.S.C. § 1342). The primary objective of this prohibition is to prevent individuals or companies from creating claims for compensation that would exceed an agency’s available funds for a fiscal year. Due to these stringent requirements, some government agencies may decline donations or free services to ensure full compliance.
Despite this broad prohibition, the Antideficiency Act includes specific exceptions that allow for the acceptance of certain voluntary services under defined circumstances. These exceptions provide pathways for companies and individuals to offer support without violating federal law.
Gratuitous Services via Written Agreement
One significant exception allows agencies to accept gratuitous services and goods provided through a written agreement. Companies may offer free services or goods to the government provided they execute a written contract in which they specifically agree to waive all expectations of payment and any future claims against the government. Such services are considered "gratuitous" and do not violate the Antideficiency Act because they eliminate the risk of financial liability for the government.
However, strict requirements apply to this exception. Agencies cannot accept gratuitous services based on verbal agreements; the waiver must be documented in writing. A Department of the Treasury decision confirmed that accepting unpaid services based solely on oral waivers constituted a violation of the Act. Additionally, agencies cannot accept gratuitous services if the individual offering the service is entitled to a statutory rate of pay. This rule ensures that the government cannot circumvent statutory pay requirements by accepting voluntary work that should be compensated.
Services Authorized by Statute
Another exception permits the government to accept voluntary services specifically authorized by statute. Several laws explicitly allow federal entities to accept certain types of volunteer work. For example, 10 U.S.C. 1588 permits military departments and armed forces to accept voluntary services for medical and health-care related services, as well as family support activities such as child development programs, library services, and religious programs. These statutory authorizations provide clear legal frameworks for accepting specific categories of volunteer support.
Emergency Services
The third exception covers voluntary services provided during emergencies involving the safety of human life or the protection of property. This provision allows agencies to accept help during critical situations where immediate action is necessary, though the scope of this exception is limited to genuine emergencies as defined by federal guidelines.
Federal Employee Gift Rules
Beyond the Antideficiency Act, federal employees are subject to specific gift rules that regulate their ability to accept items of value from outside sources. These rules are designed to prevent conflicts of interest and maintain public trust in the impartiality of government operations.
Under the Standards of Ethical Conduct for Employees of the Executive Branch, federal employees may not accept gifts from prohibited sources—parties who have business before their agency—or gifts offered because of their official position. However, certain exceptions exist. For example, the "widely attended gatherings" exception may allow employees to accept free attendance at events, including virtual events, under specific conditions. According to OGE Legal Advisory 20-10, if an event organizer charges a fee, employees may not accept free or discounted participation if the invitation comes from a prohibited source or is offered due to the employee’s official position, unless an exception applies.
Additionally, under limited circumstances, free attendance for a spouse or other guest may be permitted. These rules apply equally to virtual events, meaning that free access to online conferences or webinars is subject to the same restrictions as in-person events.
Support Available to Federal Workers During Shutdowns
During government shutdowns, various forms of assistance become available to federal employees, ranging from government-sponsored relief programs to private-sector freebies and discounts.
Government and County Support Programs
State and local governments often implement support programs for furloughed or unpaid federal employees. For instance, during past shutdowns, the State of Maryland offered $700 interest-free loans to affected workers through its Resources for Federal Workers initiative. Unemployment assistance was also available through the Unemployment Compensation for Federal Employees (UCFE) program administered by the Maryland Department of Labor.
Housing and utility protections are common. Federal workers unable to pay rent or mortgages during a shutdown may be protected from eviction if they meet eligibility criteria. Utility providers, such as the Washington Suburban Sanitary Commission (WSSC Water), have historically waived late fees and halted service shutoffs for affected workers. Career support programs, such as Montgomery County’s Mobilize Montgomery initiative, connect furloughed employees with temporary jobs and coaching.
Restaurant Freebies and Discounts
Private businesses frequently offer free meals and discounts to federal employees during shutdowns. These offers vary by location and are typically available to employees with valid identification.
In Alexandria, Virginia, restaurants such as Pork Barrel BBQ and Sweet Fire Donna's have provided "shutdown sandwiches" to show appreciation for federal workers. A partner at Homegrown Restaurant Group noted that while a free pulled pork sandwich does not solve financial problems, it serves as a symbolic gesture of support and community connection.
In Montgomery County, Maryland, businesses have offered specific promotions. RASA in Rockville provided $10 "Shutdown Bowls" for federal employees with valid ID. Taco Bamba locations in Rockville and Gaithersburg offered buy-one-get-one-free tacos. Matchbox Restaurants in Bethesda and Rockville extended a 20% discount on dine-in meals for government employees.
In Southern California, Taco Pete’s in South L.A. gave away "family packs" consisting of eight tacos, two French fries, and two sodas to federal employees not receiving paychecks. The Burger Spot in Cypress provided free meals to furloughed employees and their families. Additionally, the regional food bank Feeding America Riverside distributed food to federal workers, and the Meet Each Need with Dignity food pantry in Pacoima issued emergency food boxes twice a week.
Utility and Essential Service Assistance
Utility companies have also stepped in to provide relief. In Los Angeles, the Department of Water and Power (LADWP) and the Bureau of Sanitation offered payment plans and other assistance to help workers pay for water, power, sewer, and trash collection services.
Conclusion
Federal employees navigating government shutdowns have access to a range of support options, but their ability to accept these offers is bound by strict regulations. The Antideficiency Act and federal gift rules limit the acceptance of voluntary services and gifts to prevent conflicts of interest and unauthorized government spending. However, exceptions exist for written agreements, statutory authorizations, and emergency services. During shutdowns, government programs and private-sector initiatives provide financial loans, unemployment assistance, eviction protections, and free or discounted meals. Understanding these regulations and available resources is essential for federal employees seeking to manage the financial and practical challenges of a shutdown.