According to Bloomberg Law, the U.S. Department of Labor's rule to allow cryptocurrency and other alternative assets in 401(k) retirement plans arrived at the White House Office of Information and Regulatory Affairs (OIRA) on November 5, 2026, for final review. The filing, logged under RIN 1210-AC38 and titled "Fiduciary Duties in Selecting Designated Investment Alternatives," marks the final procedural step before public release. The rule proposes a legal safe harbor for plan fiduciaries who follow a documented review process when adding private assets, including digital-asset vehicles, to 401(k) menus.

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