Anonymous $130M donation for troops faces legal hurdles

The War Department received an anonymous $130 million donation Thursday to pay U.S. troops during the government shutdown; However, due to legal limitations, Congress may need to step in for this grant to actually get into the hands of service members.

“On October 23, 2025, the War Department accepted an anonymous donation of $130 million under general gift acceptance authority,” Pentagon spokesman Sean Parnell said in a statement to Fox News Digital Friday. he said. “The donation was made on the condition that it offset the cost of pay and benefits for Service members. We are grateful for this donor’s assistance after Democrats chose to cut pay from servicemembers.”

But it’s unclear how the Trump administration could legally use the funds to pay troops without the involvement of Congress.

While the government can accept general donations that go into general funds that the government can use, it is Congress that must appropriate that money to go toward salaries for federal employees, according to Romina Boccia, director of budget and entitlement policy at the Cato Institute, a libertarian think tank in Washington.

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“The Department is pleased to acknowledge this donor’s intent, but this does not change the statutory restrictions on Congress requiring appropriate funds to pay military salaries,” Boccia said in an email to Fox News Digital on Friday. he said.

Boccia said the military is only allowed to accept private donations to support institutions such as military schools, libraries and museums, or to support soldiers or civilian employees injured or killed in the line of duty.

Changing current restrictions would also require congressional intervention, he said.

TRUMP MOVE ACCEPTS SOLDIERS’ PAYMENTS, BUT REPUBLICANS SAY SHUTDOWN RISKS REMAIN

President Donald Trump speaks during a visit with Michigan Air National Guard Troops at Selfridge Air National Guard Base in Michigan on April 29, 2025. (Scott Olson/Getty Images)

“The only way to get around this restriction is for Congress to decide to reclassify military pay as mandatory or direct expenditure,” Boccia said. he said.

Mandatory spending does not require annual approval from Congress and applies to programs such as Social Security and Medicare, according to the Treasury.

The authority over the budget rests with Congress, and Article 1 of the U.S. Constitution states that Congress is the branch of government with the authority to manage the federal budget.

TRUMP INSTRUCTED THE PENTAGON TO ENSURE THAT SOLDIERS ARE PAID DESPITE THE GOVERNMENT SHUTDOWN

US soldiers react as President Donald Trump makes remarks next to a banner reading “Peace Through Strength” during his visit to Al Udeid Air Base in Doha, Qatar, May 15, 2025. (Brian Snyder/Reuters)

President Donald Trump announced Thursday that a “friend” sent the government a $130 million check to pay U.S. service members whose paychecks have been suspended due to a budget impasse.

“He called us the other day and said, ‘I would like to contribute to the shortcomings that you have because of the Democratic shutdown. I would personally like to contribute because I love the military and I love the country,'” Trump said Thursday. he said.

It is unclear who the donor is, and Trump has stated that he will not reveal the person’s identity unless he receives permission, and that he does not believe the person wants any recognition.

The White House referred Fox News Digital to the War Department and Treasury Department when requested for additional details.

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The Treasury Department did not immediately respond to Fox News Digital’s request for comment.

Trump had previously signed an order allowing active-duty troops to receive their pay in early October by transferring unused Pentagon funds originally allocated for research and development. But Republicans say the solution is only temporary.