The U.S. government needs explicit authorization from Congress before it can legally purchase Bitcoin, according to Patrick Witt, the former executive director of the White House Crypto Council.

Witt made the remarks on November 10, 2026, in an interview with What Bitcoin Did. According to Witt, President Donald Trump is interested in adding to the government's existing Bitcoin holdings. However, legal questions remain over direct open-market purchases, and officials have not settled how the government could buy without triggering a negative market reaction.

Congressional Approval and the Strategic Bitcoin Reserve

Witt said the administration wants to codify the Strategic Bitcoin Reserve (SBR) and secure explicit approval from Congress. The reserve was created by executive order in March 2025 and is capitalized with Bitcoin the federal government obtained through forfeiture, so its legal foundation currently rests on presidential authority rather than statute. Because Congress controls appropriations, the administration would need to demonstrate that Bitcoin purchases fit the original purpose of existing funds. He said several approaches for adding to the holdings have been discussed.

Witt also warned against moving too early. A premature step, he said, could prompt Congress to attach a provision to the National Defense Authorization Act (NDAA) — the annual defense policy bill that must pass each year — that would ban government Bitcoin purchases. Such an outcome would weaken efforts to secure authorization.

Witt said he joined the White House on a temporary basis to help advance crypto legislation and remained for more than a year. After the market-structure bill stalled in the Senate, he decided to move on. The administration's early priorities included ending what it described as “Operation Choke Point 2.0,” establishing the SBR, and improving custody of government-held digital assets.

Witt views the GENIUS stablecoin law, signed in July 2025 as the first federal regulatory framework for payment stablecoins, as helpful in reducing skepticism toward the crypto industry, though he noted it was not a Bitcoin-specific measure.

Custody Gaps and Possible Acquisition Routes

Beyond acquisition strategy, Witt addressed the state of the government's existing Bitcoin holdings. He said they have not been fully audited to a high level of accuracy. Agencies gave an initial, uneven response, and further work is underway to improve tracking. Legal uncertainty, agency capacity, and the scope of the audit have slowed progress.

He described past custody practices as seriously inadequate. Examples included cold wallets stored in drawers and an alleged theft involving assets held by the U.S. Marshals. Witt argued that secure custody systems must come first, and that only then can officials responsibly consider acquisitions or conversions into Bitcoin.

Officials have discussed several routes for adding Bitcoin, including repricing gold, using the Exchange Stabilization Fund — a Treasury fund dating to 1934 with broad authority over dollar and exchange-market operations — and converting other government assets. Another idea is accepting some receipts in Bitcoin. Direct market purchases, however, raise unresolved legal questions and could face scrutiny. Witt expects the Treasury Department's custody work to be foundational, and until Congress acts, the reserve's expansion paths remain tied to that custody groundwork and to whatever authorization language lawmakers choose to advance.

Witt also argued that Bitcoin has strategic value beyond investment, citing global peer-to-peer value transfer, its function as a store of value amid currency debasement, and national-security uses. He warned that executive orders can be reversed by future administrations — the same fragility that makes statutory codification of the SBR a priority for its supporters. His office stayed out of pardon decisions, and he urged clear communication on quantum and cyber risks.

This article is based on reporting originally published by Blockonomi.