A final Labor Department rule that could make it easier for 401(k) plans to consider cryptocurrency and other alternative assets has entered White House review, a step that precedes its scheduled announcement. Cointelegraph reported on Nov. 6 that the rule had been submitted for final review. The Office of Information and Regulatory Affairs logged the package on Nov. 5 under the title "Fiduciary Duties In Selecting Designated Investment Alternatives" and RIN 1210-AC38, listing the Employee Benefits Security Administration as the authoring office and indicating that no legal deadline applies. The final text and the scope of any permitted cryptocurrency investment, including Bitcoin, have not been disclosed. The Labor Department's March 30 proposal would create a legal safe harbor under the Employee Retirement Income Security Act for fiduciaries using a documented process to evaluate private equity, real estate, cryptocurrency and other alternative investments. Its six factors are performance, fees, liquidity, valuation, performance benchmarks and complexity. The framework would not require employers or plan sponsors to offer crypto, but could reduce litigation risk for those choosing to do so. The proposal followed President Donald Trump's Aug. 7, 2025, executive order, "Democratizing Access to Alternative Assets for 401(k) Investors." The final rule is separate from SEC proposal 3235-AN48 on broker-dealer financial responsibility, customer-asset handling and crypto recordkeeping, which was received Nov. 3, 2026, and remained pending Nov. 6.