White House Reviews New Rule to Allow Crypto Investments in 401(k) Retirement Plans

The White House has begun reviewing a Labor Department rule that could ease cryptocurrency investments in 401(k) retirement plans. The proposal covers private equity, real estate, and other alternative assets.

White House Reviews Crypto 401(k) Investment Rules

According to the Office of Information and Regulatory Affairs, the Labor Department submitted its final rule for review on November 5. The filing has identification number 1210-AC38, and is expected to be published after undergoing review by the White House.

In March, the Labor Department announced proposed modifications to the law, creating additional safeguards for retirement plan administrators.

The proposed framework provides six factors that fiduciaries are to take into account when choosing investments. The factors covered are performance, fees, liquidity, valuation, benchmarks, and complexity of investment.

Following the proposed review process would give plan managers a legal presumption of meeting certain fiduciary duties.

However, the White House review isn’t taking effect at the moment to alter rules or ensure retirement savers access cryptocurrency. Separately, the SEC recently outlined proposed crypto broker-dealer rule changes, covering capital requirements and customer protection standards.

Trump Executive Order Supports Alternative Retirement Investments

President Donald Trump signed an executive order on August 7, 2025, directing federal agencies to reconsider retirement investment restrictions.

The order called on the Labor Department to issue guidance on fiduciary duties relating to investments in alternative investments.

The department’s earlier guidance advised retirement plan managers to “take extreme care” of investments in cryptocurrency and was withdrawn earlier this year.

The May 2025 ruling affirmed a neutral stance and was consistent with existing federal retirement laws which required a fiduciary duty.

Crypto Investment Access Still Depends on Plan Managers

Regulatory approval would be followed by a choice of investment products by employers and retirement plan managers for what would be included in their plan.

The proposed safe harbor would encompass decisions about the selection of investments, such as traditional and alternative investments.

In the meantime, financial companies are still working on products that integrate traditional assets with blockchain. Earlier, Securitize expanded its tokenized stock offering on Solana, adding 13 equities to its existing selection.

The expansion increased its offering to 25 stocks, including Disney, Salesforce, and ExxonMobil, through an SEC-registered broker-dealer.

The Labor Department has to publish the final regulation after the review process is completed, and designate the date the rule is effective.