On the recordDecember 11, 2019
I thank the gentleman for yielding. In committee, I raised issues of unconstitutional takings in H.R. 3. Ninety-five percent of gross revenues are taken from a manufacturer unless they agree to the price the government offers. It is not negotiation. It is an offer you can't refuse. It is confiscatory. Accordingly, it is unconstitutional. But you don't have to believe me. The nonpartisan Congressional Research Service says H.R. 3 likely violates the Fifth and Eighth Amendments of the United States Constitution. Mr. Chair, I took an oath to support the United States Constitution when I entered this body. To support the Constitution, you must vote ``no'' on H.R. 3. To fix drug pricing, you should vote ``yes'' on the Walden amendment in the nature of a substitute.
