; and (4) in subsection (h), by adding at the end the following new paragraphs: (4) The term active service has the meaning given that term in section 101 of title 10. (5) The term covered public health emergency means the declaration— (A) of a public health emergency, based on an outbreak of COVID–19, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); or (B) of a domestic emergency, based on an outbreak of COVID–19, by the President, the Secretary of Homeland Security, or a State or local authority. . (b) Conforming amendment Section 201(q)(4) of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 is amended by striking clauses (i) through (iv) of section 1712A(a)(1)(C) and inserting clauses (i) through (v) of section 1712A(a)(1)(C) . M Consumer Protection and Telecommunications Provisions I COVID–19 Price Gouging Prevention 101. Short title This title may be cited as the COVID–19 Price Gouging Prevention Act . 102. 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