Are the SEC and Congress the Ones to Determine ETH Security?

Congress has, it's like the ball, I was talking to people at ETH Denver and the ball is in Congress's court. But are they also the ones that determine ETH's classification as a security or not? So the SEC will say the law is clear. Yes, he says we already know, but you don't even need to go wondering, you know, they're all securities except for Bitcoin according to Gary Gensler.