Ex-White House Crypto Chief Says U.S. Needs Congress Approval to Buy Bitcoin

TLDR:

• Witt says Bitcoin purchases need explicit congressional authorization since Congress controls funding.
• A premature move could lead Congress to add an NDAA provision banning government Bitcoin purchases.
• Government Bitcoin holdings are not fully audited, and past custody practices were seriously inadequate.
• Options include repricing gold, the Exchange Stabilization Fund, and accepting Bitcoin receipts.

Patrick Witt, former executive director of the White House Crypto Council, said the U.S. government needs explicit congressional authorization to legally buy Bitcoin.

He made the remark on November 10, 2026, in an interview with What Bitcoin Did. President Donald Trump is interested in adding to the government’s holdings, according to Witt.

However, legal questions remain over direct open-market purchases. Officials also have not settled how to buy without triggering a negative market reaction.

Congressional Approval and the Strategic Bitcoin Reserve

Patrick Witt said the administration wants to codify the Strategic Bitcoin Reserve (SBR) and secure explicit approval from Congress. Congress controls appropriations.

Therefore, it would need to show that Bitcoin purchases fit the original purpose of existing funds. The administration has discussed several ways to add to the holdings.

Witt also warned against moving too early. A premature step could prompt Congress to add a provision to the National Defense Authorization Act.

Such a provision would ban government Bitcoin purchases. That outcome would weaken efforts to secure authorization.

Witt said he joined the White House temporarily to help advance crypto legislation. He stayed 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.” It also aimed to establish the SBR and improve custody of government-held digital assets.

Patrick Witt views the GENIUS stablecoin law as helpful in reducing skepticism toward crypto. However, the law was not a Bitcoin-specific measure.

Custody Gaps and Possible Acquisition Routes

Patrick Witt said the government’s Bitcoin holdings have not been fully audited to a high level of accuracy. Agencies gave an initial, uneven response.

Further work is underway to improve tracking. Legal uncertainty, agency capacity, and the audit’s scope 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. Only then can officials responsibly consider acquisitions or conversions into Bitcoin.

Officials have discussed several approaches to adding Bitcoin. These include repricing gold, using the Exchange Stabilization Fund, and converting other government assets. Another idea is accepting some receipts in Bitcoin.

Direct market purchases, however, raise unresolved legal questions. Any such action could also face scrutiny. Patrick Witt expects Treasury’s custody work to be foundational.

Witt also argued that Bitcoin has strategic value beyond investment. He cited global peer-to-peer value transfer, a store of value amid currency debasement, and national-security uses.

He warned that executive orders can be reversed by future administrations. His office stayed out of pardon decisions, and he urged clear communication on quantum and cyber risks.

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