Anonymous $130 million donation for troops faces legal hurdles

The Department of War received an anonymous donation of $130 million Thursday to go toward paying U.S. troops during the government shutdown — but Congress may need to get involved for it to actually get in the hands of service members due to legal limitations.

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

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

While the government may accept general donations that go toward general funds available to the government, Congress is the one who must appropriate that money to go toward federal employees’ salaries, according to Romina Boccia, the director of budget and entitlement policy at the Cato Institute, a libertarian think tank in Washington.

WHITE HOUSE MAY ‘RUN OUT’ OF FUNDS TO PAY MILITARY IF SHUTDOWN CONTINUES, JOHNSON WARNS

“The department is welcome to acknowledge this donor’s intent but that does not change the legal restrictions on Congress needing to appropriate funds to pay military salaries,” Boccia said in a Friday email to Fox News Digital. 

Boccia said that the military is only permitted to accept private donations to support institutions like military schools, libraries, and museums, or to support service members or civilian employees who are wounded or killed in the line of duty.

Altering current restrictions would also require congressional intervention, she said.

TRUMP MOVE SPARES TROOPS’ PAY, BUT REPUBLICANS WARN SHUTDOWN RISKS REMAIN

“The only way to get around this restriction is if Congress decided to recategorize troop pay as mandatory or direct spending,” Boccia said.

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

Congress has the power of the purse, and Article I of the U.S. Constitution establishes that Congress is the branch of government with the authority to manage the federal budget.

TRUMP INSTRUCTS PENTAGON TO ENSURE TROOPS ARE PAID DESPITE GOVERNMENT SHUTDOWN

President Donald Trump announced Thursday that a “friend” of his sent the government a $130 million check to go toward paying U.S. service members as their paychecks are on hold due to the budget stalemate.

“He called us the other day and said, ‘I’d like to contribute any shortfall you have because of the Democrat shutdown. I’d like to contribute personally, because I love the military and I love the country,'” Trump said Thursday.

It’s unclear who the donor is, and Trump said he would not identify the individual unless he received permission to do so, noting he didn’t believe the individual wanted any recognition.

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

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

The Treasury Department did not immediately respond to a request for comment from Fox News Digital.

Trump previously signed an order allowing active-duty troops to receive their paycheck earlier in October by funneling unused Pentagon funds originally allocated for research and development. However, Republicans have said the solution is only temporary.