The White House’s Office of Information and Regulatory Affairs (OIRA) has completed its review of a Department of Labor (DOL) proposal that could reshape how 401(k) fiduciaries evaluate alternative assets, including digital-asset exposure. Reginfo.gov indicates the review concluded on March 24, with the action labeled “consistent with change” and the proposal deemed economically significant. The DOL is now expected to publish the proposed rule for a standard 60-day public comment period, a typical step that precedes revisions and a final rule.
The move sits inside a broader policy push from the executive branch. President Donald Trump’s August 7, 2025, executive order directed federal agencies to expand access to alternative assets in 401(k) plans, including digital assets via qualified investment vehicles. The order also directed the Department of the Treasury and the Securities and Exchange Commission to coordinate on enabling rule changes, signaling an inter-agency push to rethink the boundaries of what retirement plans can hold.
The regulatory moment follows a related shift at the Department of Labor in May. The DOL rescinded a 2022 compliance release that advised fiduciaries to be “extremely cautious” about crypto in 401(k) retirement plans, a move that another way signaled the government’s evolving stance toward crypto exposure in defined-contribution accounts.
Taken together with market context, the policy signals arrive as the U.S. retirement market sits near historic scales. A record $48.1 trillion in financial assets was reported as of September 30, 2025, according to the Investment Company Institute (ICI), underscoring the potential impact of any broadening of asset access in 401(k) plans.
Separately, state-level momentum continues to unfold. In Indiana, lawmakers passed a bill on February 25 that would require certain state retirement and savings plans to offer a self-directed brokerage option with at least one crypto investment by July 1, 2027. The bill would allow Indiana residents to hold Bitcoin and other digital assets as part of their retirement portfolios for the first time.
Key takeaways
- The OIRA review of the DOL proposal concluded on March 24 and is described as economically significant, with the rule set to enter a 60-day public comment period after publication.
- The move aligns with a broader White House directive, via an August 2025 executive order, to expand access to alternative assets in 401(k) plans and calls for inter-agency coordination on rule changes involving crypto and other alt assets.
- In late May 2025, the DOL rescinded its 2022 guidance urging fiduciaries to be cautious about crypto in 401(k) plans, signaling a shift in regulatory posture toward digital-asset exposure.
- Contextualizing the policy, the U.S. retirement market’s asset base reached about $48.1 trillion by September 2025, highlighting the potential scale of any policy shift.
- State-level action, notably Indiana’s February 25 measure, would require crypto exposure options in certain public retirement plans within a few years, illustrating a broader trend toward practical access beyond federal rulemaking alone.
Interagency push aims to redefine fiduciary considerations
At the core of the DOL proposal is a potential redefinition of how fiduciaries evaluate and select investments within defined-contribution plans. By expanding the set of permissible assets to include digital assets alongside traditional alternative classes—such as private equity and real estate—the rule could widen the menu available to plan sponsors and participants. The forthcoming public-comment process will be crucial in detailing which asset types are eligible, how custody and valuation would be handled, and what risk management standards would apply. The inter-agency framing, reinforced by the executive order, suggests a coordinated effort to address cross-cutting issues such as investor protections, fiduciary duties, and market integrity as crypto markets mature.
Market scale adds urgency to policy shifts
The potential policy change arrives against a backdrop of substantial retirement asset accumulation. ICI’s latest quarterly data show that total U.S. retirement assets stood at a record $48.1 trillion as of September 2025, underscoring the magnitude of any shift that could broaden exposure to digital assets through 401(k) plans. For institutions managing retirement funds, the policy signal could influence product design, investment governance, and the timing of launches for crypto-inclusive retirement vehicles.
State-level experiments foreshadow adoption
Beyond federal action, state legislatures are already testing the waters. Indiana’s bill would mandate at least one crypto option within a self-directed brokerage framework offered by state retirement and savings plans, with a deadline for July 1, 2027. If implemented, residents would be able to hold BTC and other digital assets in retirement accounts through a regulated, state-backed vehicle. This development mirrors broader regulatory debates about how to reconcile investor access with safeguards, and how to integrate digital assets into mainstream retirement planning.
For observers, the next steps are clear. The DOL’s proposed rule will enter a public-comment phase, during which industry participants, fiduciaries, and plan sponsors will weigh the practical implications of expanded crypto access, including governance standards, valuation, liquidity, custody, and tax treatment. At the same time, market participants should watch how the Treasury and the SEC respond to the inter-agency directive and how state initiatives like Indiana’s law interact with potential federal- or plan-level changes. The ongoing dialogue between regulators, plan sponsors, and asset managers will shape not only the pace of adoption but also the safeguards that accompany broader crypto exposure in retirement portfolios.
As the public comment window opens, readers should stay attentive to how proposed asset categories are defined, what risk controls are proposed, and when a final rule might be expected. Until then, the policy trajectory suggests a gradual but consequential shift in how mainstream retirement investing could accommodate digital assets in the years ahead.
Source framing: The regulatory review referenced here tracks with Reginfo.gov records and reporting noted in Cointelegraph coverage, including the DOL’s May 2025 guidance reversal and the August 2025 executive-order push. For additional context, Indiana’s legislature and related policy discussions were reported in contemporary coverage tied to state-level crypto retirement access initiatives.
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