By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Sec. 1. Purpose. In March 2020, former President Trump declared the outbreak of the 2019 novel coronavirus disease (“COVID-19”) a national emergency under the National Emergencies Act.

The COVID-19 pandemic continues to pose a historic threat to public health. According to the U.S. Centers for Disease Control and Prevention (“CDC”) data as of December 7, 2020, there have been more than 14 million cases and 281,000 deaths reported due to the disease.

The effects of the disease are disproportionately impacting Black, Indigenous, and Latinx populations. Based on only limited data, it appears that Native Americans have had a 1.8-fold greater rate of cases, 4-fold greater rate of hospitalizations, and 2.6-fold greater rate of deaths than whites. Similarly, Black people have had a 1.4-fold greater rate of cases, 3.7-fold greater rate of hospitalizations, and 2.8-fold greater rate of deaths. Latinx populations have had a 1.7-fold greater rate of cases, 4.1-fold greater rate of hospitalizations, and 2.8-fold greater rate of deaths than the white population.

Without federal action, millions of people across the United States, particularly those from low-wealth communities, Black and Indigenous communities and other communities of color, will be deprived of critical utility services necessary to protect their families from COVID-19 and help stop the spread of the disease.

“Critical utility services” is hereby defined as water, electricity, broadband, heat, and any other utility service necessary to preserve the health and safety of households. Households need access to these critical utility services to mitigate the spread of the coronavirus disease. Without access, households will be more vulnerable to the disease because they do not have a safe, habitable place to live and will lack access to public COVID-19 health information and education and telehealth opportunities.

Accordingly, my Administration, to the extent reasonably necessary to prevent the further spread of COVID-19, shall take all lawful measures to prevent critical utility services from being disconnected to households during the COVID-19 national emergency.

Sec. 2. Policy. It is the policy of the United States to stop and prevent further disconnections of critical utility services for nonpayment of utility bills, as well as to require reconnections of such services if already disconnected, for all households during the ongoing COVID-19 national emergency.

Sec. 3. Response to Public Health Risks of Critical Utility Services Shutoffs.

(a) The Director of the CDC shall use their authority under section 361 of the Public Health Service Act to issue an order that prevents all water, electricity, broadband, and heat service providers from disconnecting households’ critical utility service for nonpayment of utility bills and that requires service reconnection for households already disconnected for nonpayment, where a State, local, territorial, or tribal area with a moratorium on critical utility service disconnections does not have the same or greater level of public-health protection than the requirements listed in the CDC order.

(b) To prevent the re-occurrence of future outbreaks and further spread of the COVID-19 disease, such order shall be in place for at least 12 months after COVID-19 no longer constitutes a national emergency, provided, however, that any service-provider may petition the CDC for an exemption following the end of the national emergency because all of the following conditions exist: 1) the state has lifted all emergency declarations related to COVID-19 and has determined that COVID-19 is no longer a public health risk for people living in the service provider’s service area; 2) the service provider has complied with all applicable federal, state, or local moratoria by maintaining households’ critical utility service during the entire time of such moratorium; 3) the service provider has not charged late fees or other punitive measures for nonpayment during the time of the moratorium so as to result in further service disconnections after the moratorium is lifted; and 4) the service provider has established or offered both percentage of income payment plans and arrearage management programs designed to prevent future service disconnections because of nonpayment.

Sec. 4. General Provisions.

(a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

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