The White House has cleared a Department of Labor proposal that could change how 401(k) fiduciaries assess alternative assets, including digital-asset exposure.
Summary
- White House completed review of a Labor proposal tied to crypto access in 401(k) plans.
- The rule follows Trump’s order to expand alternative assets in defined-contribution retirement plans nationwide.
- Indiana lawmakers also advanced a bill requiring crypto options in certain retirement savings plans.
The move brings the rule closer to publication and opens the next stage of the federal process.
The White House’s Office of Information and Regulatory Affairs completed its review of the Labor Department proposal on March 24. The action appeared on the OIRA website as “consistent with change” and carried an “economically significant” label.
That completed review removes an interagency step for the proposal. The Labor Department is now expected to publish the rule for a 60-day public comment period before it considers revisions and a final version.
The proposal follows President Donald Trump’s Aug. 7, 2025, executive order on alternative assets in 401(k) plans. The order told federal agencies to expand access to alternative investments, including digital assets through certain investment vehicles.
It also told the Labor Department to revisit limits on alternative assets in defined-contribution plans. The order named digital assets, private equity, and real estate, and it called for coordination with the Treasury Department and the Securities and Exchange Commission.
In addition, the new step follows an earlier federal policy shift. On May 28, 2025, the Labor Department withdrew its 2022 compliance release that had urged fiduciaries to be “extremely cautious” when considering crypto in 401(k) plans.
That change marked a different federal approach to retirement-plan exposure to digital assets. If the proposal advances, fiduciaries may get a wider path to review crypto-linked options alongside other alternative investments.
States also push crypto retirement access
State-level efforts are also moving forward. On Feb. 25, Indiana lawmakers passed a bill that would require certain state retirement and savings plans to offer a self-directed brokerage option with at least one crypto investment option by July 1, 2027.
The broader retirement market remains large as these policy changes develop. According to the Investment Company Institute, US retirement market assets reached a record $48.1 trillion on Sept. 30, 2025.
