Reporting · policy
Labor Department sends 401(k) alternatives rule covering some crypto funds to White House
The Labor Department's final 401(k) alternatives rule, which covers some crypto funds, is now under White House review.
Quick take
- The Labor Department has forwarded a final rule on 401(k) alternatives to the White House, where it is listed as pending.
- The rule covers alternative investments, including some crypto funds, and carries out a 2025 executive order.
- Its text is not public yet, and several lawmakers objected to the earlier proposal during the comment period.
Unchained reported that the Labor Department has sent its final rule on 401(k) alternative investments to the White House. The rule, identified as 1210-AC38 and marked economically significant, covers alternative investments including some crypto funds. Public records show the OIRA review office logged the submission on Nov. 5, and the review was listed as pending as of Monday, though the text is not public.
The proposal appeared in the Federal Register on March 31 and carries out Trump Executive Order 14330, which was signed on Aug. 7, 2025. The proposal presumes reasonable fiduciary judgment and says such judgment is entitled to significant deference. The department also withdrew its 2022 guidance urging caution on crypto in May 2025.
Public comments closed on June 1, and Sanders, Warren and Scott objected to the plan. Lawmakers later wrote to Acting Labor Secretary Keith Sonderling. The final rule reached the OIRA review office 157 days after the comment period closed.
Next steps depend on the White House review, which was still pending at the time of the report.
Sources
Machine-written from the publishers’ reports and checked against them · How Dextape writes