; (B) the average price per drug and how those prices changed over time for the selected drugs based on industry drug pricing benchmarks; and (C) the indications that were the basis of such designation and other approved indications for the drugs, and the indications for which each drug has most commonly been used, including non-approved indications for which the drug may be recommended by external organizations such as physician or patient organizations. 304. Improving program integrity (a) In general Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb et seq.) is amended by adding at the end the following: 569D. Conditions on award of drug exclusivity (a) Termination of exclusivity Notwithstanding any other provision of this Act, any period of exclusivity described in subsection (b) granted to a person or assigned to a person on or after the date of enactment of this section with respect to a drug shall be terminated if the person to which such exclusivity was granted or any person to which such exclusivity is assigned commits a violation described in subsection (c)(1) with respect to such drug. (b) Exclusivities affected The periods of exclusivity described in this subsection are those periods of exclusivity granted under any of the following sections: (1) Clause (ii), (iii), or (iv) of section 505(c)(3)(E). (2) Clause (iv) of section 505(j)(5)(B). (3) Clause (ii), (iii), or (iv) of section 505(j)(5)(F). (4) Section 505A. (5) Section 505E. (6) Section 527. (7) Section 351(k)(7) of the Public Health Service Act. (8) Any other provision of this Act that provides for market exclusivity (or extension of market exclusivity) with respect to a drug. (c) Violations (1) In general A violation described in this subsection is a violation of a law described in paragraph (2), enforced by a Federal or State governmental entity that results in— (A) a criminal conviction of a person described in subsection (a); (B) a civil judgment against a person described in subsection (a)