SBA Granted Temporary Stay of Order Requiring Release of PPP Borrower Information


Jessica L. Jeane, J.D.
Director of Public Policy & Communications
November 16, 2020

The U.S. Small Business Administration (SBA) has been granted a temporary stay of the court order requiring the release of all Paycheck Protection Program (PPP) borrower information.

The stay, which generally means to stop or suspend a judicial proceeding or order, was granted last week by Judge James E. Boasberg, United States District Court for the District of Columbia, following Judge Boasberg’s November 5 ruling on the matter. The court previously held that the SBA was ordered to disclose the names and addresses of all loan recipients under the PPP and Economic Injury Disaster Loans (EIDL) program, as well as precise loan amounts, by November 19. “The significant public interest in shedding light on SBA’s administration of the PPP and EIDL program dramatically outweighs any limited private interest in nondisclosure,” Judge Boasberg wrote in the November 5 opinion.

However, the court granted a temporary stay last Friday, November 13, which awards the SBA a delay in having to fully disclose all borrowers’ information pending further proceedings on the matter.

The SBA and its attorneys at the Department of Justice (DOJ) requested a full stay of the court's November 5 order, stating that it was considering an appeal. Judge Boasberg gave the plaintiff news organizations until November 27 to respond on the merits.

NSA presents this information in the interest of its members for information purposes only and is not intended to provide, nor should it be relied upon, as legal, tax, or accounting advice.