- DOJ reviews legal authority for the US Strategic Bitcoin Reserve with federal agencies.
- Treasury and Commerce continue discussions over oversight of national Bitcoin holdings.
- Congress considers BITCOIN and ARMA Acts to establish the reserve through legislation.
The U.S. Department of Justice is working with the Treasury and Commerce departments to establish a Strategic Bitcoin Reserve despite ongoing disagreements over oversight. The legal review marks another step toward implementing the reserve, although federal agencies continue evaluating the most appropriate governance structure.
DOJ Reviews Legal Authority for Bitcoin Reserve
The U.S. Department of Justice’s Office of Legal Counsel is working closely with the Treasury and Commerce departments on the Strategic Bitcoin Reserve initiative. The effort aims to determine which federal agency has the legal authority to oversee the proposed reserve.
The review follows President Donald Trump’s March 2025 executive order directing the Treasury Department to establish the national Bitcoin reserve.
However, implementation has remained incomplete more than sixteen months after the administration announced the initiative.
JUST IN: 🇺🇸 U.S. Justice Department Office of Legal Counsel is "working closely with both the Treasury and Commerce departments" to establish a strategic Bitcoin reserve 🚀 pic.twitter.com/m0EV4mAs3t
— Bitcoin Magazine (@BitcoinMagazine) July 6, 2026
Commerce has since emerged as another candidate to manage the reserve, creating an interagency dispute over operational responsibility. Consequently, the Justice Department is evaluating existing legal authorities before recommending an appropriate governance framework.
The White House has not publicly selected either department to supervise the reserve. Instead, administration officials continue assessing legal, operational, and policy considerations before making a final decision.
The review could shape how the government manages one of the world’s largest sovereign Bitcoin holdings. Therefore, the Justice Department’s conclusions may determine the reserve’s organizational structure and future administration.
Congress Seeks Permanent Legal Framework
Congress has introduced the BITCOIN Act and the ARMA Act to establish statutory authority for the Strategic Bitcoin Reserve. Both proposals would authorize the United States to acquire up to one million Bitcoin through budget-neutral funding strategies over five years.
White House crypto adviser Patrick Witt has described the ARMA Act as an updated version of the earlier BITCOIN Act proposal. He also stated that the administration has spent considerable time examining legal questions surrounding the reserve.
Under the ARMA Act, Bitcoin placed into the reserve would remain untouched for at least 20 years under most circumstances. Sales would generally be permitted only to reduce the growing national debt.
Neither bill has passed Congress, leaving the reserve dependent on executive authority while lawmakers continue debating permanent legislation. Political changes following future elections could also influence the proposals’ legislative prospects.
The U.S. government currently holds approximately 328,372 Bitcoin valued at nearly $21 billion, making it the largest sovereign Bitcoin holder globally. Much of those assets originated from criminal seizures, although previous administrations authorized court-approved sales of selected holdings.
Supporters argue the reserve could strengthen the nation’s digital asset strategy, while critics continue questioning governance, legal authority, and long-term management responsibilities.
The Justice Department’s ongoing review is expected to play a central role before the initiative advances further.
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