The U.S. Department of Labor proposed a rule on March 30, 2026, establishing a process-based safe harbor for 401(k) plan fiduciaries selecting designated investment alternatives. It aims to reduce regulatory burdens and litigation risks when considering alternative assets, including cryptocurrencies like Bitcoin, private equity, real estate, and commodities.
The proposal follows a 2025 executive order and rescission of prior cautious guidance on crypto. It applies to plans covering over 90 million Americans but requires fiduciaries to evaluate factors like fees, liquidity, and performance. A 60-day public comment period is open.