The Department of Labor’s (DOL) proposed rule to allow crypto investment options for 401(k) retirement plans has cleared the White House’s regulatory review, bringing digital assets closer to the US’s $10 trillion market.
White House Clears DOL’s Proposed 401(k) Rule
The White House’s Office of Information and Regulatory Affairs (OIRA) has concluded its review of a proposed rule submitted by the Department of Labor that could pave the way for crypto exposure in 401(k) retirement plans.
Notably, the Labor Department rescinded a 2022 guidance that discouraged fiduciaries from including crypto investments in 401(k) plans. The guidance followed a Biden-era executive order (EO) that required the government to assess the risks and benefits of digital assets.
As reported by Bitcoinist, it directed plan fiduciaries under the Employee Retirement Income Security Act (ERISA) to exercise extreme caution before incorporating crypto assets into their investment menus, asserting that the digital asset industry’s early stage could pose significant risks.
The DOL’s proposal, named “Fiduciary Duties in Selecting Designated Investment Alternatives,” could amend the fiduciary guidance for plans governed by the Employee Retirement Income Security Act (ERISA).
White House concludes regulatory review of DOL's proposed rule. Source: OIRA
This could potentially allow plan sponsors to include cryptocurrencies and private equity as designated investment alternatives. The federal agency marked the action as “consistent with change” and designed the proposal as an “economically significant” rule in its review, which concluded on March 24.
According to the OIRA website, the proposed rule carries no legal deadline for finalization. However, the DOL is expected to formally release the proposal in the coming weeks, allowing for a standard 60-day public comment period. Following this, revisions will be made, and a final rule will be issued.
US Push To Allow Crypto In Retirement Plants
The proposal follows an executive order signed by President Donald Trump last August seeking to allow more private equity, real estate, cryptocurrency, and other alternative assets in 401(k) retirement accounts.
The order directed the DOL, the Securities and Exchange Commission (SEC), the Treasury Secretary, and other federal agencies to reduce regulatory barriers that prohibited investments in alternative assets in their defined contribution retirement plans and explore ways to facilitate access to these assets.
In January, Bitwise’s CIO, Matt Hougan, discussed the possibility of 2026 being the year investors can own Bitcoin and other cryptocurrencies in 401(k) retirement plans, citing that the inclusion of digital assets is becoming more common in individual retirement accounts (IRAs).
The executive argued that providers are slow to adapt, but acknowledged that the Trump administration’s pro-crypto stance, which effectively removed the ban on crypto from 401(k)s, has opened the door to the multi-trillion-dollar market.
Recently, some US states have pushed to embed crypto into their public financial systems. In February, Indiana lawmakers advanced House Bill 1042 (HB 1042), also known as the Bitcoin Rights Bill, which requires several state-administered programs, including retirement plans for teachers, public employees, and legislators, to offer self-directed brokerage accounts with at least one digital asset investment option.
Multiple US lawmakers have backed the Trump Administration’s initiatives. In September, nine House members requested that the SEC Chairman, Paul Atkins, provide prompt assistance in implementing the president’s executive order and collaborate with the DOL to safeguard workers.
In addition, House of Representatives member Troy Downing introduced a bill to codify Trump’s directive and grant it the “force and effect of law.” This move aimed to facilitate investors’ access to Bitcoin and other alternative assets within their 401(k) retirement plans.
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