Yesterday, the current president issued four executive orders, one of which has to deal with unemployment benefits.
A law prof, David Super, has more information on the unemployment executive order than probably anyone wants to read.
Here is the substance of the order:
The President directs FEMA to create a new program using $44 billion in Disaster Relief Funds that would allow states to send an additional $400 per week to people receiving UC, PUA, or other public unemployment benefits. To participate in this program, states — which already face $555 billion in budget shortfalls as well as demands to help struggling local governments — would have to pay one-quarter of benefit costs as well as, apparently, the full administrative cost. The President arbitrarily disqualifies the poorest of the unemployed: those receiving less than $100 per week in regular benefits. Once the program has spent the $44 billion, it would shut down.
Prof. Super then runs through all the problems in this proposal. The biggest problem:
Last, and certainly not least, the President’s actions are unlawful. The Stafford Disaster Relief and Emergency Assistance Act does provide for spending Disaster Relief Fund to pay “Disaster Unemployment Assistance” (DUA). That section, however, comes with two conditions that the President’s program violates. First, FEMA may only provide DUA to those who are not eligible for any other form of unemployment compensation. The President’s program, by contrast, is limited to those who are receiving other unemployment benefits. And second, the statute caps DUA benefits at the amount that state UC programs would allow. The whole point of the President’s program is to pay $400 per week more than those (inadequate) benefits. Thus, DUA would probably be a plausible means of replacing PUA should it expire at the end of the year (if any funds remain) but it cannot replace FPUC.
This executive order is likely going to make it harder now and in the future to address economic disasters. “Weaponizing the Disaster Relief Fund in a political struggle with Congress all but assures that similar funds will not be appropriated in the future — with the result of slower disaster responses and more unnecessary hardship,” concludes Prof. Super. Sigh. He’s right.