1. Short title This Act may be cited as the COVID–19 Price Gouging Prevention Act . 2. Prevention of price gouging (a) In general For the duration of a public health emergency declared pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) as a result of confirmed cases of 2019 novel coronavirus (COVID–19), including any renewal thereof, it shall be unlawful for any person to sell or offer for sale a good or service at a price that— (1) is unconscionably excessive; and (2) indicates the seller is using the cir­cum­stan­ces related to such public health emergency to increase prices unreasonably. (b) Factors for consideration In determining whether a person has violated subsection (a), there shall be taken into account, with respect to the price at which such person sold or offered for sale the good or service, factors that include the following: (1) Whether such price grossly exceeds the average price at which the same or a similar good or service was sold or offered for sale by such person— (A) during the 90-day period immediately preceding January 31, 2020