DOL Proposes Rule to Open 401(k) Plans to Crypto Assets

The U.S. Department of Labor (DOL) published a proposed rule on 30 March 2026 that would allow 401(k) retirement plans to include cryptocurrencies and other alternative assets. A 401(k) is an employer-sponsored retirement savings account governed by a U.S. law called the Employee Retirement Income Security Act (ERISA). The proposal does not ban or approve specific assets. Instead, it creates a safe harbor — a legal protection — for plan managers who follow a defined evaluation process before adding digital assets.
Twelve trillion dollars in retirement capital at stakeThe U.S. 401(k) market holds approximately $12 trillion in total assets and covers more than 90 million Americans. The DOL proposal would bring this capital pool within reach of digital asset markets for the first time under a formal regulatory framework.
"Our rule clearly spells out that managers must evaluate any and all potential product offerings by following a prudent process.", 30 March 2026. — Keith Sonderling, Deputy Secretary of Labor, U.S. Department of Labor
White House review cleared the rule firstBefore publication, the Office of Information and Regulatory Affairs (OIRA) — the White House body that reviews major U.S. federal rules — completed its review on 24 March 2026. OIRA classified the proposal as "economically significant," the highest regulatory category. This classification signals that the rule is expected to have broad market impact. OIRA approved the rule with changes before the DOL released it publicly.
Rule traces back to a Trump executive orderPresident Trump signed an executive order in August 2025 directing the DOL to open retirement plans to alternative investments. The DOL rescinded a 2022 Biden-era guidance in May 2025 as a preparatory step. That earlier guidance had urged plan managers to apply "extreme caution" to crypto, which functioned as a deterrent to inclusion. The new proposed rule completes the regulatory framework the executive order required.
Public comment period follows Federal Register publicationA 60-day public comment period opens after the rule appears in the Federal Register, the official U.S. government journal for regulatory notices. During this period, any member of the public or institution can submit written feedback. The DOL reviews all comments before issuing a final rule. Finalization is expected within months of the comment period closing. The U.S. 401(k) market holds approximately $12 trillion in total assets and covers more than 90 million Americans. The DOL proposal would bring this capital pool within reach of digital asset markets for the first time under a formal regulatory framework.
"Our rule clearly spells out that managers must evaluate any and all potential product offerings by following a prudent process.", 30 March 2026. — Keith Sonderling, Deputy Secretary of Labor, U.S. Department of Labor
White House review cleared the rule firstBefore publication, the Office of Information and Regulatory Affairs (OIRA) — the White House body that reviews major U.S. federal rules — completed its review on 24 March 2026. OIRA classified the proposal as "economically significant," the highest regulatory category. This classification signals that the rule is expected to have broad market impact. OIRA approved the rule with changes before the DOL released it publicly.
Rule traces back to a Trump executive orderPresident Trump signed an executive order in August 2025 directing the DOL to open retirement plans to alternative investments. The DOL rescinded a 2022 Biden-era guidance in May 2025 as a preparatory step. That earlier guidance had urged plan managers to apply "extreme caution" to crypto, which functioned as a deterrent to inclusion. The new proposed rule completes the regulatory framework the executive order required.
Public comment period follows Federal Register publicationA 60-day public comment period opens after the rule appears in the Federal Register, the official U.S. government journal for regulatory notices. During this period, any member of the public or institution can submit written feedback. The DOL reviews all comments before issuing a final rule. Finalization is expected within months of the comment period closing. "Our rule clearly spells out that managers must evaluate any and all potential product offerings by following a prudent process.", 30 March 2026. — Keith Sonderling, Deputy Secretary of Labor, U.S. Department of Labor
White House review cleared the rule firstBefore publication, the Office of Information and Regulatory Affairs (OIRA) — the White House body that reviews major U.S. federal rules — completed its review on 24 March 2026. OIRA classified the proposal as "economically significant," the highest regulatory category. This classification signals that the rule is expected to have broad market impact. OIRA approved the rule with changes before the DOL released it publicly.
Rule traces back to a Trump executive orderPresident Trump signed an executive order in August 2025 directing the DOL to open retirement plans to alternative investments. The DOL rescinded a 2022 Biden-era guidance in May 2025 as a preparatory step. That earlier guidance had urged plan managers to apply "extreme caution" to crypto, which functioned as a deterrent to inclusion. The new proposed rule completes the regulatory framework the executive order required.
Public comment period follows Federal Register publicationA 60-day public comment period opens after the rule appears in the Federal Register, the official U.S. government journal for regulatory notices. During this period, any member of the public or institution can submit written feedback. The DOL reviews all comments before issuing a final rule. Finalization is expected within months of the comment period closing. White House review cleared the rule firstBefore publication, the Office of Information and Regulatory Affairs (OIRA) — the White House body that reviews major U.S. federal rules — completed its review on 24 March 2026. OIRA classified the proposal as "economically significant," the highest regulatory category. This classification signals that the rule is expected to have broad market impact. OIRA approved the rule with changes before the DOL released it publicly.
Rule traces back to a Trump executive orderPresident Trump signed an executive order in August 2025 directing the DOL to open retirement plans to alternative investments. The DOL rescinded a 2022 Biden-era guidance in May 2025 as a preparatory step. That earlier guidance had urged plan managers to apply "extreme caution" to crypto, which functioned as a deterrent to inclusion. The new proposed rule completes the regulatory framework the executive order required.
Public comment period follows Federal Register publicationA 60-day public comment period opens after the rule appears in the Federal Register, the official U.S. government journal for regulatory notices. During this period, any member of the public or institution can submit written feedback. The DOL reviews all comments before issuing a final rule. Finalization is expected within months of the comment period closing. Before publication, the Office of Information and Regulatory Affairs (OIRA) — the White House body that reviews major U.S. federal rules — completed its review on 24 March 2026. OIRA classified the proposal as "economically significant," the highest regulatory category. This classification signals that the rule is expected to have broad market impact. OIRA approved the rule with changes before the DOL released it publicly.
Rule traces back to a Trump executive orderPresident Trump signed an executive order in August 2025 directing the DOL to open retirement plans to alternative investments. The DOL rescinded a 2022 Biden-era guidance in May 2025 as a preparatory step. That earlier guidance had urged plan managers to apply "extreme caution" to crypto, which functioned as a deterrent to inclusion. The new proposed rule completes the regulatory framework the executive order required.
Public comment period follows Federal Register publicationA 60-day public comment period opens after the rule appears in the Federal Register, the official U.S. government journal for regulatory notices. During this period, any member of the public or institution can submit written feedback. The DOL reviews all comments before issuing a final rule. Finalization is expected within months of the comment period closing. President Trump signed an executive order in August 2025 directing the DOL to open retirement plans to alternative investments. The DOL rescinded a 2022 Biden-era guidance in May 2025 as a preparatory step. That earlier guidance had urged plan managers to apply "extreme caution" to crypto, which functioned as a deterrent to inclusion. The new proposed rule completes the regulatory framework the executive order required.
Public comment period follows Federal Register publicationA 60-day public comment period opens after the rule appears in the Federal Register, the official U.S. government journal for regulatory notices. During this period, any member of the public or institution can submit written feedback. The DOL reviews all comments before issuing a final rule. Finalization is expected within months of the comment period closing. A 60-day public comment period opens after the rule appears in the Federal Register, the official U.S. government journal for regulatory notices. During this period, any member of the public or institution can submit written feedback. The DOL reviews all comments before issuing a final rule. Finalization is expected within months of the comment period closing. Cryptocurrencies are highly volatile and involve significant risk. You may lose part or all of your investment. All information on Coinpaprika is provided for informational purposes only and does not constitute financial or investment advice. Always conduct your own research (DYOR) and consult a qualified financial advisor before making investment decisions. Coinpaprika is not liable for any losses resulting from the use of this information.