1. Short title This Act may be cited as the Combatting Unreasonable Rises and Excessively High Drug Prices Act or the CURE High Drug Prices Act . 2. Definitions In this Act: (1) Average manufacturer price The term average manufacturer price — (A) has the meaning given the term in section 1927(k) of the Social Security Act ( 42 U.S.C. 1396r–8(k) ); or (B) with respect to a drug for which there is no average manufacturer price as so defined, means the wholesale acquisition cost of the drug. (2) Drug The term drug — (A) has the meaning given the term in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ); and (B) includes biological products, as defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). (3) Federal health care program The term Federal health care program has the meaning given the term in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f)). (4) Manufacturer The term manufacturer means a person— (A) that holds the application for a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or the license issued under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ); or (B) who is responsible for setting the price for the drug. (5) Price gouging The term price gouging means an increase in the average manufacturer price of a qualifying drug that— (A) is in substantial excess of an amount that could be reasonably justified by an increase in cost of producing the drug or by an increase in cost due to appropriate expansion of access to the drug to promote public health