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Anonymous $130 million donation for troops faces legal hurdles

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The War Department received an anonymous $130 million donation Thursday intended to pay U.S. troops during the government shutdown — but Congress may need to get involved for that donation to actually fall into the hands of the military due to legal limitations.

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

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

President Donald Trump and U.S. Military Academy Superintendent Lt. Gen. Steven Gilland listen to the national anthem before Trump delivers the commencement address during the 2025 graduation ceremony at the U.S. Military Academy at West Point, May 24, 2025, in West Point, New York. (Charley Triballeau/Agence France-Presse)

Although the government can accept general donations earmarked for its general funds, it is Congress that must allocate that money to federal employee salaries, 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 asked to acknowledge the intent of this donor, but this does not change the legal restrictions requiring Congress to appropriate funds to pay military salaries,” Boccia said in an email sent Friday to Fox News Digital.

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

Changing current restrictions would also require Congressional action, she said.

Trump moves pay for replacement troops, but Republicans warn shutdown risks remain

Trump visits Selfridge Air National Guard Base

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

“The only way to get around this restriction would be if Congress decided to reclassify 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 Treasury.

Congress has the power to manage finances, 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 asks Pentagon to ensure troops are paid despite government shutdown

President Donald Trump

U.S. troops react as President Donald Trump walks to deliver a speech, near a banner reading “Peace through strength,” during a visit to Al Udeid Air Base in Doha, Qatar, May 15, 2025. (Brian Snyder/Reuters)

President Donald Trump announced Thursday that one of his “friends” had sent the government a check for $130 million to pay American soldiers whose salaries were suspended due to the budget impasse.

“He called us the other day and said, ‘I would like to contribute to any shortfall due to the Democratic shutdown. I would like to contribute personally, because I love the military and I love the country,'” Trump said Thursday.

It is unclear who the donor is, and Trump said he would not identify the individual unless he received permission to do so, noting that he did not believe the individual wanted to be recognized.

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

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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 paychecks earlier in October by channeling unused Pentagon funds originally allocated to research and development. However, Republicans said the solution was only temporary.

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