The report did indicate that should the EU harmonize its droit de suite laws and extend the resale right to all member states, Congress may at that point revisit the resale right issue. Legislation was proposed in both the Senate (S.2000) and the House (H.R. 3688) in December 2011 that would provide for a national resale royalty right. The Equity for Visual Artists Act of 2011 (EVAA) would provide for a 7% royalty to be collected from sales of certain works of art where the sale price exceeded $10,000. Half of this payment would go to the artist or successor in copyright, and half would go towards an escrow account to support U.S. non-profit museums. Both pieces of legislation are currently in committee. In conjunction with the consideration of the legislation, in September 2012 Congress published a Notice of Inquiry requesting comments from the public on factual and policy matters relating to a possible federal resale royalty right. Legal challenges Constitutionality as applied to out-of-state sales The Resale Royalty Act came under legal scrutiny when, in October 2011, a group of artists and their heirs filed class action suits against auction houses Christie's and Sotheby's, and auction site eBay, for failure of those brokers to pay royalties per the Resale Act. In a decision on May 17, 2012, in the United States District Court for the Central District of California, Judge Jacqueline H. Nguyen dismissed the suits on the grounds that the Resale Royalty Act violated the Commerce Clause of the United States Constitution, and was therefore invalid as law (Estate of Graham, et al, v. Sotheby's Inc.). The Commerce Clause has been interpreted by the Supreme Court as not only affirmatively granting to Congress the power to regulate commerce among the states, but also, by negative implication, prohibiting the states from unjustifiably discriminating against or burdening the flow of interstate commerce. A state regulation violates the Commerce clause where it "directly controls commerce occurring wholly outside the boundaries of a State." Judge Nguyen found that where the act regulates any transaction in which the seller resides in California, regardless of the location of the sale, buyer, or artist, the Resale Royalty Act "explicitly regulates applicable sales of fine art occurring wholly outside California." The Court cited the example of a California resident placing a painting by a New York artist for sale with Sotheby's in New York, where at