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New Rules for Crypto Investments in US Retirement Plans

The U.S. Department of Labor is set to allow cryptocurrencies in 401(k) plans, while new legislation aims to reform the domestic mining industry.

Daniel Kim
March 31, 2026 2 min read
New Rules for Crypto Investments in US Retirement Plans

The U.S. Department of Labor is set to introduce new regulations for 401(k) retirement plans, permitting the inclusion of alternative assets such as cryptocurrencies. This move aims to clarify regulatory uncertainties, shifting the focus of plan managers from merely achieving returns to conducting thorough evaluations of asset quality.

The updated guidance reverses a 2022 restriction that discouraged digital asset investments due to volatility concerns. Deputy Labor Secretary Keith Sonderling emphasized the department's neutrality, noting that the new framework does not explicitly endorse cryptocurrencies but offers a "safe harbor" for investment funds that include Bitcoin and other alternative products, protecting them from lawsuits.

Labor Secretary Lori Chavez-DeRemer remarked that allowing diversification through digital assets could enhance portfolio returns, especially for younger investors looking to hedge against inflation. This initiative has been developed with insights from the SEC and the U.S. Treasury Department.

New Mining Legislation

In related news, Senators Bill Cassidy and Cynthia Lummis have proposed the Mined in America Act, which aims to revamp the U.S. mining sector by creating a strategic Bitcoin reserve and promoting domestic equipment production. The legislation seeks to address the current reliance on Chinese manufacturers, who produce 97% of specialized mining devices.

Under the new act, the Department of Commerce will establish a voluntary certification program for data centers that comply with safety standards, encouraging a phased reduction of foreign equipment by 2030. The National Institute of Standards and Technology will oversee efforts to bolster American manufacturing in this sector without requiring additional funding.

The act recognizes cryptocurrency mining as a viable method for managing energy resources, offering certified miners access to government funding for projects that utilize excess renewable energy and other sustainable practices. The legislation also formalizes a strategic Bitcoin reserve under the Treasury, following a previous executive order by Donald Trump, and proposes a mechanism for replenishing this reserve through revenue from staking and airdrops of confiscated digital assets.

Additionally, a tax incentive will allow certified miners to sell their mined Bitcoin to the government without incurring capital gains taxes, further encouraging the accumulation of state reserves. Notably, in a recent development, Fannie Mae announced it would start accepting digital assets as collateral for mortgages.