other provision of law that provides for marketing or data exclusivity (or extension of exclusivity) with respect to a drug. (4) The term wholesale acquisition cost has the meaning given that term in section 1847A(c)(6)(B) of the Social Security Act. (b) Determination of excessive price During any covered period with respect to a covered drug, the Secretary shall determine that the price of a covered drug is excessive if the wholesale acquisition cost (or a more relevant measure of price) of the covered drug is not fair and reasonable, or does not facilitate global access, taking into consideration— (1) the impact of the price on access to the covered drug in the United States, taking into consideration racial disparities and other socioeconomic disparities