US representative seeks to turn Trump’s 401(k) crypto executive order into law

The bill, if passed, would codify U.S. President Donald Trump’s executive order allowing retirement plans to include “alternative assets,” including cryptocurrencies.

A lawmaker in the U.S. House of Representatives has reportedly introduced a bill that would make President Trump’s executive order — which allows assets like cryptocurrencies to be included in 401(k) retirement accounts — into permanent law.

Republican Representative Troy Downing introduced the draft bill in the House Financial Services Committee, which would give Executive Order 14330 the force of law, Politico reported.

The order, which Trump issued on Aug. 7, states that every American preparing for retirement should have access to funds that include “alternative assets” when deemed appropriate by a plan fiduciary.

Under the order, “alternative assets” include private market investments, real estate, commodities, infrastructure projects, lifetime income strategies, and digital assets held through actively managed investment vehicles.

An executive order sets government priorities but lacks the force of statute and can be reversed by a successor or the courts. To make a policy permanent, Congress must pass the bill in both chambers before it can be signed into law.

Trump’s executive order also directs the Department of Labor, the Securities and Exchange Commission (SEC), and the Treasury Secretary to review and prioritize 401(k) guidance within six months.

The bill was introduced despite the U.S. government shutdown, as Congress can still introduce and debate legislation during a funding lapse.

Related: Crypto in U.S. 401(k) retirement plans may drive Bitcoin to $200K in 2025

Crypto Moves Into 401(k) Plans

The inclusion of alternative assets, including crypto, in U.S. retirement accounts has been progressing for several months.

In May, the U.S. Department of Labor withdrew Biden-era guidance that warned fiduciaries to be “extremely cautious” when considering crypto for 401(k) plans.

In September — about a month after Trump’s executive order — nine U.S. lawmakers wrote a letter to SEC Chair Paul Atkins, urging the agency to accelerate the implementation of the order and “help the 90 million Americans currently restricted from investing in alternative assets to secure a dignified, comfortable retirement.”

The 401(k) plan is among the most common employer-sponsored retirement savings programs in the U.S. According to a report by the Investment Company Institute (ICI) for Q2 2025, Americans held a total of $9.3 trillion in 401(k) accounts as of June 30, 2025 (source).

While some experts argue that adding crypto and digital assets to 401(k) plans introduces risk, many in the crypto space view the move optimistically.

André Dragosch, head of European research at Bitwise, told Cointelegraph in August that allowing cryptocurrency in U.S. retirement plans could mark a major step for Bitcoin adoption and attract billions in new capital.

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