TL;DR
The U.S. Department of Labor has submitted its final 401(k) investment rule to the White House for regulatory review , potentially expanding access to cryptocurrencies and other alternative assets in retirement accounts.
The framework establishes six criteria for evaluating investment options , including performance, fees, liquidity, valuation, benchmarks and complexity.
A 2% allocation of America’s $10.8 trillion in 401(k) assets could represent approximately $216 billion in potential crypto investment , according to a market scenario shared by Sweep.
Crypto 401(k) access is moving closer to a new regulatory framework in the United States after the Department of Labor submitted its final rule to the White House for review on November 5. The development could reshape how employers and retirement plan managers approach digital assets , giving cryptocurrencies a clearer path into one of the country’s largest investment markets.
The measure, identified as RIN 1210-AC38, is currently under examination by the Office of Information and Regulatory Affairs (OIRA) . Although the review does not guarantee approval or immediate adoption, it brings the regulatory process into a decisive stage for investors seeking broader exposure to digital assets through traditional retirement accounts.
Crypto 401(k) Rules Could Expand Investment Opportunities
The proposal builds on President Donald Trump’s August 2025 executive order, which called for broader access to alternative investments in retirement plans . The Department of Labor introduced its regulatory proposal on March 30, 2026, before publishing it in the Federal Register the following day.
The framework seeks to clarify the responsibilities of fiduciaries under the Employee Retirement Income Security Act (ERISA), the federal legislation governing private-sector retirement plans.
Rather than explicitly favoring or excluding cryptocurrencies, the proposed approach establishes a process for evaluating investment products . This distinction matters because it could reduce uncertainty for plan managers who previously approached digital assets cautiously due to regulatory and litigation concerns.
The framework identifies six non-exhaustive considerations, including historical performance, management fees, liquidity, valuation methods, appropriate benchmarks and investment complexity .
These criteria would allow fiduciaries to assess crypto-related products alongside other investment alternatives. For the digital asset industry, a more predictable evaluation process could encourage financial institutions to develop retirement products with cryptocurrency exposure .
Importantly, the rule does not require employers to include Bitcoin or other digital assets in their 401(k) offerings. Investment decisions would remain subject to fiduciary responsibilities and individual plan structures.
A $216 Billion Opportunity For The Crypto Market
The potential financial impact is attracting attention across the digital asset sector. According to Investment Company Institute data, Americans held approximately $10.8 trillion in 401(k) assets as of June 30, 2026 .
Sweep recently illustrated the scale of the opportunity by calculating that a 2% allocation of those assets to cryptocurrencies would represent approximately $216 billion .
Although this scenario does not reflect actual investment commitments, it demonstrates why retirement accounts have become an important growth opportunity for the crypto industry .
