{"id":23986,"date":"2026-05-15T05:29:31","date_gmt":"2026-05-15T05:29:31","guid":{"rendered":"https:\/\/nft.runfyers.com\/index.php\/2026\/05\/15\/the-clarity-act-is-being-voted-on-and-its-nft-safe-harbor-could-reshape-collecting\/"},"modified":"2026-05-15T05:29:31","modified_gmt":"2026-05-15T05:29:31","slug":"the-clarity-act-is-being-voted-on-and-its-nft-safe-harbor-could-reshape-collecting","status":"publish","type":"post","link":"https:\/\/nft.runfyers.com\/index.php\/2026\/05\/15\/the-clarity-act-is-being-voted-on-and-its-nft-safe-harbor-could-reshape-collecting\/","title":{"rendered":"The CLARITY Act Is Being Voted On \u2014 and Its NFT Safe Harbor Could Reshape Collecting"},"content":{"rendered":"

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U.S. lawmakers are voting on the CLARITY Act<\/a> on Thursday, a major crypto market structure bill that includes a little-noticed NFT safe harbor<\/strong> provision that could reshape how collectibles and secondary NFT trading are treated under U.S. securities law.<\/span><\/p>\n

While most attention is focused on stablecoins and the jurisdiction between the SEC and CFTC, Section 602 \u2014 \u201cSafe Harbor for Nonfungible Tokens<\/strong>\u201d \u2014 is attracting significant attention from the NFT collector community and marketplace operators.<\/span><\/p>\n

Committee Vote Puts NFTs in Focus<\/b><\/h2>\n

The Senate Banking Committee<\/strong> is conducting a markup and voting on the CLARITY Act, one of the largest crypto bills introduced in Washington in 2026.<\/span><\/p>\n

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\ud83d\udea8 WATCH: Chairman @SenatorTimScott<\/a> leads the Senate Banking Committee in a historic markup of the CLARITY Act, legislation to establish clear rules of the road for digital assets. https:\/\/t.co\/wlHj2jcAEF<\/a><\/p>\n

\u2014 U.S. Senate Banking Committee GOP (@BankingGOP) May 14, 2026<\/a><\/p>\n<\/blockquote>\n

The bill<\/a> focuses on building a clearer framework for digital assets, including dividing oversight responsibilities between the SEC and CFTC. However, as the vote took place, an NFT-related provision began to attract major attention from the community after the draft of the bill circulated on X.<\/span><\/p>\n

Specifically, Section 602<\/strong> of the bill directly addresses NFTs and states that the offer, sale, transfer, or resale of an NFT will not automatically constitute a securities transaction merely because the asset exists on a blockchain or has trading value on the secondary market.<\/strong><\/span><\/p>\n

This is one of the rare instances where the U.S. Congress has included NFTs in market structure legislation with relatively specific language instead of only mentioning digital assets in general terms.<\/span><\/p>\n

The NFT Safe Harbor<\/b><\/h2>\n

According to the current draft of the CLARITY Act, the bill defines NFTs as digital assets that are \u201cindividually identifiable\u201d and not interchangeable<\/strong> like fungible tokens.<\/span><\/p>\n