PolicyBrief
S. 2099
119th CongressJun 17th 2025
Restore Prescription Drugs Discount Act
IN COMMITTEE

This Act repeals the 1936 law concerning prescription drugs.

Rand Paul
R

Rand Paul

Senator

KY

LEGISLATION

New Bill Wipes Out Entire 1936 Law: The Unanswered Question of What We’re Losing

The proposed “Restore Prescription Drugs Discount Act” starts off with a surprisingly blunt move: it completely wipes out an entire law passed back in 1936, along with every change made to it since (SEC. 2). That’s it. The entire first functional section of the bill is dedicated to hitting the delete button on nearly 90 years of established law.

The Unseen History: What Was the 1936 Act?

This is where things get interesting—and a little concerning. The text of the new bill doesn't bother to tell us what the 1936 Act actually did. For busy people, this is like being told your landlord is canceling a decades-old clause in your lease without saying whether that clause guaranteed your parking spot or just banned loud parties. The immediate effect is clear: whatever rules, protections, or regulations were established in 1936 are now gone. If that old law was obsolete, fine. But if it established a critical, unseen framework—like rules governing fair pricing, market access, or consumer protection—its removal could create a significant gap.

The Real-World Risk of a Blank Slate

When Congress repeals a specific, named law, it’s usually because they are replacing it with something new, or because the old law is genuinely outdated. Here, we only have the repeal. This creates a high risk of unintended consequences, especially for groups who might rely on the hidden provisions of that 1936 law. Think about it: if the 1936 Act set rules for how certain drugs were distributed, its sudden disappearance could destabilize long-standing supply chains or pricing agreements. For small pharmacies or local healthcare providers, losing an established regulatory framework could mean new costs or complications they didn't see coming. We simply don't know who is relying on the status quo created by that ancient law, which makes this procedural move a big unknown for the everyday economy.