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House Republicans Move to Codify Trump Order Opening 401(k)s to Crypto

The measure would make Executive Order 14330 legally binding, with its prospects clouded by the lack of a Senate version.

Overview

  • Rep. Troy Downing introduced the one-page Retirement Investment Choice Act in the House Financial Services Committee, with Republican co-sponsors including Byron Donalds, Warren Davidson, Marlin Stutzman, Buddy Carter and Barry Moore.
  • Executive Order 14330 directs the Labor Department and SEC to expand access to alternative assets such as cryptocurrencies in defined-contribution plans and gives the DOL 180 days to propose rules.
  • In May, the Labor Department withdrew its 2022 warning against crypto in 401(k)s, and policymakers have discussed possible safe-harbor protections that could influence plan sponsors’ willingness to offer such options.
  • Analysts say even a small allocation from the roughly $12 trillion 401(k) market could translate into tens to hundreds of billions of dollars flowing into digital assets.
  • The bill faces political and stakeholder pushback, with Democrats and union groups warning of risks to retirement savers and financial stability, and no Senate companion currently filed.