FOIA Lawsuit

Case 1:20-cv-01240 Document 1 Filed 05/12/20 Page 1 of 25

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
WP COMPANY LLC
d/b/a THE WASHINGTON POST,

1301 K Street NW
Washington, DC 20071
BLOOMBERG L.P.,
731 Lexington Avenue

New York, NY 10022
DOW JONES & COMPANY, INC.,
1211 Avenue of the Americas

New York, NY 10036 Case No. 20-cv-1240
PRO PUBLICA, INC.,
155 Avenue of the Americas, 13th Floor

New York, NY 10013
THE NEW YORK TIMES COMPANY,
620 Eighth Avenue

New York, NY 10018
Plaintiffs,
v.
U.S. SMALL BUSINESS ADMINISTRATION,

409 3rd Street NW
Defendant.
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Plaintiffs WP Company LLC d/b/a The Washington Post, Bloomberg L.P., Dow Jones &
Company, Inc., Pro Publica, Inc., and The New York Times Company bring this suit against
Defendant the U.S. Small Business Administration (“the SBA”). In support thereof, Plaintiffs
state as follows:
INTRODUCTION
1. This is an action brought pursuant to the Freedom of Information Act (“FOIA”),
5 U.S.C. § 552, for declaratory, injunctive, and other appropriate relief. Through FOIA, Plaintiffs
have each sought from the SBA records that would identify and provide basic information about
the private businesses that have recently received public assistance as part of the federal
government’s efforts to address the economic fallout of the COVID-19 pandemic.
2. Plaintiffs submitted these FOIA requests and sought expedited processing of them
because of the public interest in contemporaneously monitoring the disbursement of billions of
taxpayer dollars through expansive federal initiatives – most notably the new Paycheck Protection
Program – during this period of unprecedented financial and social disruption, and because the
SBA has until now routinely provided such information about businesses that take out SBA loans.
3. In violation of FOIA, the SBA has constructively denied two requests for the
records and has denied or constructively denied expedited processing of several other requests.
PARTIES
4. Plaintiff WP Company LLC d/b/a The Washington Post (the “Post”), a news
organization based in Washington, D.C., publishes the leading daily newspaper, by print
circulation, in the nation’s capital, as well as the website washingtonpost.com, which typically
reaches an audience of more than 80 million unique visitors per month, according to independent
auditor comScore. Since 1936, the Post has won 69 Pulitzer Prizes.
5. Plaintiff Bloomberg L.P. (“Bloomberg”), is the owner and operator of Bloomberg
News. Bloomberg’s newsroom of more than 2,700 journalists and analysts delivers thousands of
stories a day, producing content that is featured across multiple platforms, including digital, TV,
radio, print and live events.
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6. Plaintiff Dow Jones & Company, Inc. (“Dow Jones”) is the publisher of The Wall
Street Journal. For over 130 years, Dow Jones has been a global provider of news and business
information, delivering content to consumers and organizations around the world across multiple
formats, including print, digital, mobile, and live events.
7. Plaintiff Pro Publica, Inc. (“ProPublica”), a non-partisan newsroom based in New
York, publishes its reporting through its website, www.propublica.org. As an independent news
organization dedicated to producing investigative journalism in the public interest, ProPublica
has been honored with numerous awards, including six Pulitzer Prizes, and has published one or
more articles in partnership with more than 200 different news organizations, including 43
already in 2020.
8. Plaintiff The New York Times Company (“The Times”) publishes The New York
Times newspaper and www.nytimes.com. The Times is headquartered in New York.
9. Defendant, the SBA, is an agency within the meaning of 5 U.S.C. § 552(f)(1). The
SBA has possession and control of the records requested by the Plaintiffs.
JURISDICTION AND VENUE
10. This action arises under FOIA. This Court has subject matter jurisdiction over this
action and personal jurisdiction over Defendant pursuant to 5 U.S.C. § 552(a)(4)(B), (a)(6)(C)(i),
& (a)(6)(E)(iii). This Court also has jurisdiction over this action pursuant to 28 U.S.C. § 1331.
11. Venue is proper in this judicial district under 5 U.S.C. § 552(a)(4)(B).
FACTUAL ALLEGATIONS
I. The COVID-19 Pandemic
12. On January 31, 2020, the federal government declared a public health emergency
as to the outbreak of the novel coronavirus SARS-CoV-2, which causes the disease COVID-19.
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See https://www.hhs.gov/about/news/2020/01/31/secretary-azar-declares-public-health-
emergency-us-2019-novel-coronavirus.html.
13. COVID-19 is believed to have infected at least 1,354,504 people and killed
81,076 people in the United States. Those figures are current to date but continue to be updated
at https://coronavirus.jhu.edu/map.html.
14. As the Federal Reserve has recognized, the COVID-19 pandemic is also causing
“economic hardship across the United States and around the world. The virus and the measures
taken to protect public health are inducing sharp declines in economic activity and a surge in job
losses.” See https://www.federalreserve.gov/newsevents/pressreleases/monetary20200429a.htm.
15. Perhaps the starkest indicator of COVID-19’s economic impact is that, as of April
2020, the U.S. unemployment rate has reached 14.7 percent, its highest level since the Great
Depression. See https://www.bls.gov/news.release/empsit.nr0.htm.
16. Federal Reserve Chair Jerome Powell has further stated that “economic activity
will likely drop at an unprecedented rate in the second quarter,” and that “[w]e’re going to see
economic data for the second quarter that’s worse than any data we’ve seen for the economy.”
See https://www.federalreserve.gov/mediacenter/files/FOMCpresconf20200429.pdf at 2, 12.
II. The Paycheck Protection Program And Economic Injury Disaster Loan Program
17. In March 2020, the federal government escalated its efforts to address the
growing economic crisis caused by the COVID-19 pandemic by passing into law the
Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. See Public Law No. 116-136.
18. A key component of the CARES Act is the creation of the Paycheck Protection
Program (“PPP”), which amends Section 7(a) of the Small Business Act. Id. § 1102(a).
19. According to the Treasury Department, the PPP “is implemented by the [SBA]
with support from the Department of the Treasury,” and it “provides small businesses with funds
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to pay up to 8 weeks of payroll costs including benefits,” as well as “interest on mortgages, rent,
and utilities.” See https://home.treasury.gov/policy-issues/cares/assistance-for-small-businesses.
20. The SBA represents that it will forgive loans made under the PPP so long as all
employees of the borrower “are kept on the payroll for eight weeks and the money is used for
payroll, rent, mortgage interest, or utilities.” See https://www.sba.gov/funding-
programs/loans/coronavirus-relief-options/paycheck-protection-program.
21. According to the SBA’s Office of Inspector General, “SBA launched the [PPP] on
April 3, 2020, and just 14 days later, by April 16, PPP lenders approved more than 1,661,000
loans totaling nearly $342.3 billion. On April 24, 2020, the President signed the Paycheck
Protection Program and Health Care Enhancement Act to provide an additional $310 billion to
the PPP. SBA initiated this cycle of additional funding on April 27, 2020. As of May 6, PPP
lenders approved an additional 2,441,369 loans, totaling about $183.5 billion.” See
https://www.sba.gov/document/report-20-14-flash-report-small-business-administrations-
implementation-paycheck-protection-program-requirements.
22. The SBA also announced that it would lend up to $2 million to small businesses
affected by COVID-19 under the agency’s Economic Injury Disaster Loan (“EIDL”) program.
See https://www.sba.gov/about-sba/sba-newsroom/press-releases-media-advisories/sba-provide-
disaster-assistance-loans-small-businesses-impacted-coronavirus-covid-19.
23. In the precursor to the CARES Act, the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020, Congress gave the SBA authority to make disaster loans
to businesses injured by the COVID-19 pandemic. See Public Law No. 116-123. Congress later
provided $10 billion in additional funds for cash advances under the EIDL program, see CARES
Act § 1107(a)(6), and it subsequently appropriated $50 billion more for the EIDL program as
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well, see PPP and Health Care Enhancement Act, 134 Stat. 628, Div. B, Tit. II.
III. Questions Surrounding The SBA’s COVID-Related Programs
24. While the SBA has not yet disclosed which companies have received loans under
its COVID-related assistance programs, press reports have identified certain PPP loan recipients,
leading to questions over whether that program is functioning as originally intended. See, e.g.,
https://www.wsj.com/articles/these-are-the-public-companies-that-got-small-business-loans-
11587493742; https://www.propublica.org/getinvolved/coronavirus-company-bailouts.
25. Some of these PPP borrowers have decided to return the SBA’s loans in the face
of this public scrutiny. For example, Shake Shack, a $1.6 billion burger-and-fries chain based in
New York City, received $10 million under the PPP, but the company later decided to return the
loan, writing in an open letter, “If this act were written for small businesses, how is it possible
that so many independent restaurants whose employees needed just as much help were unable to
receive funding?” See, e.g., https://www.washingtonpost.com/business/2020/04/20/white-house-
gop-face-heat-after-hotel-restaurant-chains-helped-run-small-business-program-dry/.
26. Other businesses that have announced they will return PPP loans include Ruth’s
Chris Steak House, luxury cruise operator Lindblad Expeditions, and the Los Angeles Lakers.
See, e.g., https://www.bloomberg.com/news/articles/2020-05-08/jpmorgan-s-publicly-traded-
clients-give-back-the-most-ppp-loans.
27. The Ashford Hospitality Trust, which owns hotels and resorts, also announced it
will return PPP funds after its subsidiaries applied for $126 million in loans and received more
than $70 million. See, e.g., https://www.nytimes.com/2020/05/02/business/economy/ashford-
hotels-virus-monty-bennett.html/.
28. On May 8, 2020, the U.S. House of Representatives Select Subcommittee on the
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Coronavirus Crisis sent letters to several PPP borrowers “demanding that [these] large, public
corporations immediately return taxpayer funds that Congress intended for small businesses
struggling to survive during the coronavirus crisis.” See https://oversight.house.gov/news/press-
releases/in-first-official-action-house-coronavirus-panel-demands-that-large-public.
29. Also on May 8, 2020, the SBA’s Office of Inspector General issued a “Flash
Report” on the agency’s implementation of the PPP, which found several “areas . . . that did not
fully align with the [CARES] Act’s provisions,” including that the “SBA did not provide
guidance to lenders about prioritizing borrowers in underserved and rural markets,” such that
“these borrowers, including rural, minority and women-owned businesses may not have received
the loans as intended.” See https://www.sba.gov/sites/default/files/2020-
05/SBA_OIG_Report_20-14_508.pdf at 4.
30. On April 9, 2020, the National Federation of Independent Businesses released the
results of a small business survey, finding that “[o]f those who applied for the EIDL loan, just
4% have been approved and 1% not approved. Most applicants of the EIDL have yet to receive
an update on the statuses of their application and no small business applicants have received the
loan or the emergency grant.” See https://www.nfib.com/content/press-release/economy/70-
percent-of-small-businesses-applied-for-ppp-loans-nearly-half-applied-for-eidl/.
31. On April 10, 2020, a group of 15 lawmakers wrote to SBA Administrator Jovita
Carranza and Treasury Secretary Steven Mnuchin to raise concerns that the PPP and EIDL “are
not being implemented as Congress intended.” As to the EIDL in particular, the lawmakers
wrote that “the law requires SBA to issue advances within three days of receipt of applications,
yet small business owners say they are still waiting weeks after applying.” See
https://velazquez.house.gov/sites/velazquez.house.gov/files/NYC%20Del%20letter%20to%20M
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nuchin%20and%20Carranza%2004-10-20%20%28signatures%29%20final.pdf at 2.
32. On May 4, 2020, a group of 103 lawmakers wrote to Administrator Carranza,
stating that “many of our constituents who applied for [EIDL] have yet to hear about the status of
their application. In fact, many small businesses have been without meaningful information
from the SBA for weeks.” The lawmakers’ letter further stated that “[t]he sporadic and
incomplete data thus far provided to Congress has been woefully insufficient, making it
impossible to conduct proper oversight and keep our constituents informed.” See
https://luria.house.gov/sites/luria.house.gov/files/wysiwyg_uploaded/2020.05.04%20Schneider%
20Letter%20to%20SBA%20on%20EIDL.pdf at 1-2.
33. That same day, the SBA announced that it would “begin accepting new EIDL
applications on a limited basis” and provide assistance only to “agricultural businesses.” See
https://www.sba.gov/about-sba/sba-newsroom/press-releases-media-advisories/sba-make-
economic-injury-disaster-loans-available-us-agricultural-businesses-impacted-covid-19.
IV. The Plaintiffs’ FOIA Requests
34. All of the Plaintiffs have submitted FOIA requests to the SBA for records that
would identify and provide basic information about the businesses approved for public assistance
under the SBA’s COVID-related programs, including the PPP and EIDL. Though there are
slight variations among these requests, as detailed below, they all seek essentially the same
information that the SBA has up until now routinely provided about the businesses that borrow
funds under its Section 7(a) program – the program that the CARES Act expanded to create the
PPP. See https://www.sba.gov/about-sba/open-government/foia (under “Frequently requested
records”).
35. All of the Plaintiffs sought expedited processing of these requests based on the
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compelling need to provide the public with contemporaneous information about these important
federal programs.
36. The SBA has either failed to respond to the requests or it has issued boilerplate
responses stating that, at some indefinite point “[i]n the near future,” the SBA hopes “to turn [its]
efforts to providing loan specific data to the public”; the SBA’s responses provide no concrete
indication of what that data will include or when that data will actually be made available. See
also https://www.sba.gov/about-sba/open-government/foia (under “Frequently requested
records”).
37. To date, the SBA has not produced any records responsive to any of the Plaintiffs’
FOIA requests.
38. To date, the SBA has not informed any of the Plaintiffs as to the scope of the
records that the agency will produce in response to any of the Plaintiffs’ requests.
39. To date, the SBA has not informed any of the Plaintiffs as to the scope of
responsive records that the agency will withhold pursuant to any FOIA exemption(s).
40. To date, the SBA largely has not provided a determination on whether these FOIA
requests will receive expedited processing, or it has denied expedited processing outright.
The Post’s Request
41. The Post submitted a FOIA request (the “Post Request”) to the SBA on April 24,
2020, seeking records relating to the PPP and EIDL program.
a. Specifically, the Post Request sought the following information as to the
recipients of PPP loans “from April 3, 2020 until the completion of this loan
program”: (i) “Names and commercial street and email addresses of recipients of
approved loans”; (ii) “Date of loan approval and date of disbursement (if
available)”; (iii) “Names of officers, directors, stockholders or partners of
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recipient firms”; (iv) “Kinds and amounts of loans, loan terms, interest rates,
maturity dates, general purpose”; and (v) “Identity and location of participating
banks.” A true and correct copy of the Post Request is attached hereto as Exhibit
A.
b. As the Post Request stated, the PPP loan application itself includes the following
notice to potential borrowers under the heading “Freedom of Information Act (5
U.S.C. § 552)”:
Subject to certain exceptions, SBA must supply information

reflected in agency files and records to a person requesting it.
Information about approved loans that will be automatically
released includes, among other things, statistics on our loan
programs (individual borrowers are not identified in the statistics)
and other information such as the names of the borrowers (and
their officers, directors, stockholders or partners), the collateral
pledged to secure the loan, the amount of the loan, its purpose in
general terms and the maturity.
Ex. A at 1; see also https://www.sba.gov/document/sba-form-2483-paycheck-
protection-program-borrower-application-form.
c. The Post Request also sought the same categories of information about recipients
of EIDL loans, “from March 12, 2020 until the completion of this loan program.”
Ex. A at 2.
d. As the Post Request noted, “it is clear from the [SBA’s] website that the SBA
already has this data for both loan programs in a database and is merely
withholding much of it from the public,” as “[t]he SBA produces weekly reports
for the PPP program and the EIDL program breaking down these loans by state,
size of loan, type of industry sector and number of loans approved per lender.”
Ex. A at 2; see also https://www.sba.gov/about-sba/open-government/foia (under
“Frequently requested records”).
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42. The Post Request asked for expedited processing because the Post is primarily
engaged in the dissemination of information and because there is an urgent need to inform the
public about activities of the federal government, namely on the grounds that “[k]nowledge of
the efficiency of the PPP and EIDL is a matter of current exigency to the American public”;
“[d]elay in releasing information about the efficiency of the PPP and the EIDL will compromise
the recognized public interest in being informed of the efforts and success of the federal stimulus
program law enacted to fight the economic fallout of the COVID-19 pandemic”; “SBA loans are
clearly federal government activity”; and “[t]here are credible claims, including by members of
the House of Representatives and Senate, and U.S. governors, that aspects of the government’s
activity in the PPP and EIDL are improper.” Ex. A at 2.
43. The Post’s FOIA Director, Nate Jones, certified that these grounds for expedited
processing were true and correct to the best of his knowledge. Id. at 3.
44. To date, the SBA has not provided the Post with a determination on whether the
Post Request will receive expedited processing.
45. To date, the SBA has not provided a complete response to the Post Request.
Bloomberg’s Requests
46. Bloomberg submitted a series of FOIA requests to the SBA between April 8 and
April 29, 2020, seeking records relating to the PPP and EIDL program (together, the “Bloomberg
Requests”). Specifically, the Bloomberg Requests sought (i) “Records of approved Paycheck
Protection Program loans,” with “data on each loan in the same format as currently provided by
the SBA for 7(a) loans published on the SBA’s website”; (ii) “Records of approved Covid-19
Economic Injury Disaster Loans,” with “data on each loan in the same format as currently
provided by the SBA for EIDL’s (CFDA 59.008) published on usaspending.gov”; and
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(iii) “Records of approved Emergency Economic Injury Disaster Loan Grants, as authorized
under Section 1110 of the CARES Act,” with “data on each loan in a similar format as that
provided by the SBA for all EIDL’s (CFDA 59.008) published on usaspending.gov,” which
“should include but need not be limited to the following fields: value of emergency grant, face
value of related EIDL loan, action date, recipient name, recipient parent duns, recipient parent
name, recipient address, recipient city name, recipient county code, recipient county name,
recipient state code, recipient state name, recipient ZIP code, recipient congressional district.”
The Bloomberg Requests sought these records for the period from: the start of the programs
through April 8, 2020; April 9, 2020 through April 15, 2020; April 16, 2020 through April 22,
2020; and April 23, 2020 through April 29, 2020. A composite of the Bloomberg Requests is
attached hereto as Exhibit B.
47. The Bloomberg Requests asked for expedited processing because the requestor
“is engaged in the dissemination of information to the public and the subject matter related to
this request is a matter of great public interest, debate, and urgency,” in particular that “the
survival of the U.S. economy, and especially small businesses, during the Covid-19 pandemic is
a matter of great public concern; the SBA’s loan programs are the central pillar of the U.S.
government’s plan to rescue small businesses; and accountability, scrutiny, and oversight of
these efforts depends on timely public disclosure of the SBA’s actions.” See generally Ex. B.
48. The SBA responded to the first of the Bloomberg Requests, assigned handling
number SBA-2020-000555 (the “555 Bloomberg Request”) via email on April 20, 2020,
providing no information as to when responsive records would be released, and making the
boilerplate statement that “[i]n the future, we will be able to turn our efforts to providing loan
specific data to the public but hope that all understand the need for the Agency to focus its efforts
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fulfilling the needs of the small businesses.” SBA responded to the remainder of the Bloomberg
Requests with essentially identical emails on April 21, April 23, May 4, and May 6, 2020. A
composite of SBA’s responses to the Bloomberg Requests is attached hereto as Exhibit C.
49. To date, the SBA has not produced any records responsive to the 555 Bloomberg
Request.
50. To date, the SBA has not informed Bloomberg as to the scope of the records that
the agency will produce in response to the 555 Bloomberg Request.
51. To date, the SBA has not informed Bloomberg as to the scope of records
responsive to the 555 Bloomberg Request that the agency will withhold pursuant to any FOIA
exemption(s).
52. On April 26, 2020, the SBA notified Bloomberg via email that expedited
processing “has been denied” for the FOIA request that Bloomberg submitted on April 15, 2020,
which was assigned handling number SBA-2020-000620 (the “620 Bloomberg Request”). On
May 5, 2020, the SBA notified Bloomberg via email that expedited processing “has been denied”
for the FOIA request that Bloomberg submitted on April 23, 2020, which was assigned handling
number SBA-2020-000910 (the “910 Bloomberg Request”). On May 11, 2020, the SBA notified
Bloomberg via email that expedited processing “has been denied” for the FOIA request that
Bloomberg submitted on April 29, 2020, which was assigned handling number SBA-2020-
001018 (the “1018 Bloomberg Request”). A composite of SBA’s emails denying expedited
processing of these requests is attached hereto as Exhibit D.
53. To date, the SBA has not provided a complete response to any of the Bloomberg
Requests.
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Dow Jones’s Requests
54. Dow Jones submitted a series of six FOIA requests to the SBA between April 13
and May 1, 2020, seeking records relating to PPP recipients. A composite of Dow Jones’s FOIA
requests is attached hereto as Exhibit E.
55. In the first request, submitted on April 13 and assigned handling number SBA-
2020-000580 (the “580 Dow Jones Request”), Dow Jones sought “[a] summary database of
information for all APPROVED loans under the Paycheck Protection Program of the 2020
CARES Act from the time the program began accepting applications through the end of business
on April 13, 2020,” including “all data fields the [SBA] tracks for each loan that it determines is
information generally disclosed under FOIA, including but not limited to: 1) names, commercial
street addresses, and e-mail addresses of recipients of approved loans, 2) names of officers,
directors, stockholders or partners of recipient firms, 3) kinds and amounts of loans, loan terms,
interest rates, maturity dates, general purpose, etc., 4) business type 5) bank name and bank
commercial street address, 6) approval date, 7) disbursement date, 8) NAICS description,
9) franchise name and franchise code, if applicable.” Ex. E at 1.
56. On April 20, 2020, the SBA responded via email to the 580 Dow Jones Request,
boilerplate statement that “[i]n the future, we will be able to turn our efforts to providing loan
specific data to the public but hope that all understand the need for the Agency to focus its efforts
fulfilling the needs of the small businesses.” A true and correct copy of the SBA’s response to
the 580 Dow Jones Request is attached hereto as Exhibit F.
57. To date, the SBA has not produced any records responsive to the 580 Dow Jones
Request.
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58. To date, the SBA has not informed Dow Jones as to the scope of the records that
the agency will produce in response to the 580 Dow Jones Request.
59. To date, the SBA has not informed Dow Jones as to the scope of records
responsive to the 580 Dow Jones Request that the agency will withhold pursuant to any FOIA
exemption(s).
60. In its other requests, submitted April 24 through May 1, 2020, Dow Jones sought
(1) “A full data export for approved borrowers and lenders of the [PPP] as of the current date”;
(2) the same categories of data for all PPP recipients as of the date the requests were processed;
(3) the same categories of data about PPP recipients in the Pacific region; (4) the same categories
of data about PPP recipients in the and Mid-Atlantic region; and (5) “the underlying loan level
data, stored in a spreadsheet or database or other electronic form, that was used to generate the
statistical information the [SBA] has published regarding the [PPP]” at
https://content.sba.gov/sites/default/files/2020-05/PPP%20Deck%20copy.pdf. Ex. E at 2-7.
61. Dow Jones sought expedited processing of each of its other FOIA requests on the
grounds that the requestor is a member of the press and “there is an urgent need to inform the
public about how [PPP] funds are used,” including because “there is taxpayer money at risk.”
62. On May 11, 2020, the SBA notified Dow Jones via email that expedited
processing “has been denied” for the FOIA request that Dow Jones submitted on May 1, 2020,
which was assigned handling number SBA-2020-001060 (the “1060 Dow Jones Request”). A
true and correct copy of the SBA’s email denying expedited processing of the 1060 Dow Jones
Request is attached hereto as Exhibit G.
63. Also on May 11, 2020, the SBA notified Dow Jones via email that expedited
processing “has been denied” for the FOIA request that Dow Jones submitted on May 4, 2020,
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which was assigned handling number SBA-2020-001088 (the “1088 Dow Jones Request”). A
true and correct copy of the SBA’s email denying expedited processing of the 1088 Dow Jones
Request is attached hereto as Exhibit H.
64. To date, the SBA has not provided Dow Jones with a determination on whether its
remaining FOIA requests will receive expedited processing.
65. To date, the SBA has not provided a complete response to Dow Jones’s requests.
ProPublica’s Requests
66. ProPublica has submitted two FOIA requests to the SBA for records relating to
PPP and EIDL recipients and recipients of assistance from a related SBA program. In its first
request, submitted on April 23, 2020, and assigned handling number SBA-2020-000914 (the
“914 ProPublica Request”), ProPublica sought “loan level information about all loans made
under the [PPP]” and “the same information for Emergency EIDL Grants,” specifically seeking,
“for both these programs, . . . the same 34 fields the SBA provides through its “SBA 7(a) & 504
loan data reports” on its FOIA website,” as well as “information on the amount of forgiveness
allowed for each loan.” A true and correct copy of the 914 ProPublica Request is attached hereto
as Exhibit I.
67. ProPublica sought expedited processing of the 914 ProPublica Request on the
grounds that the requestor is a full-time journalist and “[t]he PPP and EIDL programs
collectively have been the focus of intense public interest since the program involves hundreds of
billions of taxpayer dollars, directly affects tens of millions of Americans, and is taking place
during a national emergency.” Id. at 2.
68. On May 4, 2020, the SBA responded via email to the 914 ProPublica Request,
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boilerplate statement that the SBA “is providing statistical information” about the PPP and
EIDL. A true and correct copy of the SBA’s response to the 914 ProPublica Request is attached
hereto as Exhibit J.
69. On May 5, 2020, the SBA notified ProPublica via email that its request for
expedited processing of the 914 ProPublica Request “has been denied.” A true and correct copy
of the SBA’s email denying expedited processing is attached hereto as Exhibit K.
70. To date, the SBA has not provided a complete response to the 914 ProPublica
Request.
71. In its second request, submitted on April 30, 2020 and assigned handling number
SBA-2020-001043 (the “1043 ProPublica Request”), ProPublica sought “loan level information
about companies that received subsidies for SBA 7(a) loans under Section 1112 of the CARES
Act, ‘Subsidy for Certain Loan Payments,’” which “enables the SBA to pay the principal,
interest, and fees that are owed on specified loans for six months.” Specifically, “[i]n addition to
the information the SBA commonly releases through its ‘SBA 7(a) & 504 loan data reports’ on
its FOIA website,” ProPublica sought “for each loan, . . . the beginning date of the 6-month
period that the SBA paid the loan payments, the end date, and the amount paid by the SBA under
Section 1112.” A true and correct copy of the 1043 ProPublica Request is attached hereto as
Exhibit L.
72. ProPublica sought expedited processing of the 1043 ProPublica Request, on the
grounds that the requestor is a full-time journalist and “[t]he SBA’s lending programs
collectively have been the focus of intense public interest since the programs involve hundreds of
billions of taxpayer dollars, directly affects tens of millions of Americans, and is taking place
during a national emergency.” Id. at 2.
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73. To date, the SBA has not provided ProPublica with a determination on whether
the 1043 ProPublica Request will receive expedited processing.
74. To date, the SBA has not provided a complete response to the 1043 ProPublica
Request.
The Times’s Request
75. The Times submitted a FOIA request (the “Times Request”) to the SBA on April
27, 2020, seeking “a summary database of information for all approved loans under the [PPP]
from the time the program began accepting applications through the end of business on April 13,
2020,” including “all data fields the [SBA] tracks for each loan that it determines is information
generally disclosed under FOIA, including but not limited to: 1) names, commercial [street]
addresses, and e-mail address of recipients of approved loans, 2) names of officers, directors,
stockholders or partners of recipient firms, 3) kinds and amounts of loans, loan terms, [interest]
rates, maturity dates, general purpose, etc., 4) business type, 5) bank name and bank commercial
street address, 6) approval date, 7) disbursement date, 8) NAICS description, 9) franchise name
and franchise code, if applicable.” A true and correct copy of the Times Request is attached
hereto as Exhibit M.
76. The Times Request asked for expedited processing because the requestor is
primarily engaged in the dissemination of information and because: “there is an urgent need to
inform the public about the specific government activity that is the subject of this request”; “the
subject of this records request is a matter of extreme media interest that has raised questions
about the integrity of the government’s trade negotiation practices”; “[t]he requested records will
provide insight into which businesses received these loans”; and “[i]t is likely that there will be
future debates about which loans should be forgiven under the terms of the program,” such that
18
“[t]he requested records will contribute to the public’s understanding of this debate about federal
government activity.” Id. at 2.
77. To date, the SBA has not provided The Times with a determination on whether
the Times Request will receive expedited processing.
78. To date, the SBA has not provided a complete response to the Times Request.
CLAIMS FOR RELIEF
COUNT I
Declaratory and Injunctive Relief:
Constructive Denial of Request for Agency Records in Violation of FOIA, 5 U.S.C. § 552
(Bloomberg and Dow Jones)
79. Plaintiffs reallege and incorporate by reference all previous paragraphs as if fully
set forth herein.
80. FOIA provides this Court with “jurisdiction to enjoin [the SBA] from withholding
agency records and to order the production of any agency records improperly withheld.” 5 U.S.C.
§ 552(a)(4)(B).
81. FOIA requires that within 20 working days of receiving a FOIA request, an agency
must notify a requester of, inter alia, the scope of the documents that the agency will produce and
the scope of the documents that the agency plans to withhold under any FOIA exemptions.
See 5 U.S.C. § 552(a)(6)(A)(ii).
Bloomberg
82. The records sought by the 555 Bloomberg Request are agency records within the
SBA’s control.
83. The SBA received the 555 Bloomberg Request on April 8, 2020. Ex. B at 1.
84. Pursuant to FOIA, the SBA was required to make and communicate to Bloomberg
a “determination” on the 555 Bloomberg Request by May 6, 2020. 5 U.S.C. § 552(a)(6)(B)(i).
19
85. As of the date of this filing, however, the SBA has not made and communicated to
Bloomberg a “determination” on the 555 Bloomberg Request within the meaning of 5 U.S.C.
§ 552(a)(6)(A)(i).
86. There is no basis to withhold, in whole or in part, the records sought by the 555
Bloomberg Request. The SBA has wrongfully withheld those records in violation of FOIA.
Dow Jones
87. The records sought by the 580 Dow Jones Request are agency records within the
SBA’s control.
88. The SBA received the 580 Dow Jones Request on April 13, 2020. Ex. E at 1.
89. Pursuant to FOIA, the SBA was required to make and communicate to Dow Jones
a “determination” on the 580 Dow Jones Request by May 11, 2020. 5 U.S.C. § 552(a)(6)(B)(i).
90. As of the date of this filing, however, the SBA has not made and communicated to
Dow Jones a “determination” on the 580 Dow Jones Request within the meaning of 5 U.S.C.
§ 552(a)(6)(A)(i).
91. There is no basis to withhold, in whole or in part, the records sought by the 580
Dow Jones Request. The SBA has wrongfully withheld those records in violation of FOIA.
COUNT II
Denial of Expedited Processing in Violation of FOIA, 5 U.S.C. § 552
(Bloomberg, Dow Jones, and ProPublica)
set forth herein.
93. FOIA provides this Court with jurisdiction to review “[a]gency action to deny . . .
20
a request for expedited processing.” 5 U.S.C. § 552(a)(4)(B) & (a)(6)(E)(iii).
Bloomberg
94. FOIA required the SBA to grant expedited processing of the 620 Bloomberg
Request, the 910 Bloomberg Request, and the 1018 Bloomberg Request because Bloomberg
demonstrated a compelling need for the requested records.
95. The SBA denied expedited processing of the 620 Bloomberg Request, the 910
Bloomberg Request, and the 1018 Bloomberg Request. Ex. D.
96. The SBA violated FOIA by denying expedited processing.
Dow Jones
97. FOIA required the SBA to grant expedited processing of the 1060 Dow Jones
Request and the 1088 Dow Jones Request because Dow Jones demonstrated a compelling need
for the requested records.
98. The SBA denied expedited processing of the 1060 Dow Jones Request and the
1088 Dow Jones Request. Exs. G & H.
ProPublica
100. FOIA required the SBA to grant expedited processing of the 914 ProPublica
Request because ProPublica demonstrated a compelling need for the requested records.
101. The SBA denied expedited processing of the 914 ProPublica Request. Ex. K.
COUNT III
Constructive Denial of Expedited Processing in Violation of FOIA, 5 U.S.C. § 552
(The Post, Dow Jones, ProPublica, and The Times)
21
set forth herein.
104. FOIA provides this Court with jurisdiction to review “[a]gency action to deny or
affirm denial of a request for expedited processing,” as well as “failure by an agency to respond in
a timely manner to such a request.” 5 U.S.C. § 552(a)(4)(B) & (a)(6)(E)(iii).
105. FOIA requires that within 10 days of receiving a request for expedited processing,
an agency must make “a determination of whether to provide expedited processing” and provide
“notice of the determination . . . to the person making the request.” 5 U.S.C. § 552(a)(6)(E)(ii)(I).
The Post
106. The Post submitted the Post Request to the SBA on April 24, 2020. Ex. A at 1.
107. Pursuant to FOIA, the SBA was required to provide the Post with a determination
on its request for expedited processing by May 4, 2020. 5 U.S.C. § 552(a)(6)(E)(ii)(I).
108. To date, the SBA has not provided the Post with such a determination.
109. The SBA failed to timely respond to the Post’s request for expedited processing.
110. There is no basis under FOIA to deny expedited processing of this request.
Dow Jones
111. Dow Jones submitted FOIA requests to the SBA on April 24 and May 1, 2020. Ex.
E at 4, 6-7.
112. Pursuant to FOIA, the SBA was required to provide Dow Jones with a
determination on the most recent of these requests for expedited processing by May 11, 2020.
5 U.S.C. § 552(a)(6)(E)(ii)(I).
113. To date, the SBA has not provided Dow Jones with a determination on expedited
processing as to any of these requests.
114. The SBA failed to timely respond to these requests for expedited processing.
22
115. There is no basis under FOIA to deny expedited processing of these requests.
ProPublica
116. ProPublica submitted the 1043 ProPublica Request to the SBA on April 30, 2020.
Ex. L at 1.
117. Pursuant to FOIA, the SBA was required to provide ProPublica with a
determination on its request for expedited processing by May 10, 2020. 5 U.S.C.
§ 552(a)(6)(E)(ii)(I).
118. To date, the SBA has not provided ProPublica with such a determination.
119. The SBA failed to timely respond to ProPublica’s request for expedited processing.
The Times
121. The Times submitted the Times Request to the SBA on April 27, 2020. Ex. M at
1.
122. Pursuant to FOIA, the SBA was required to provide The Times with a
determination on its request for expedited processing by May 7, 2020. 5 U.S.C.
§ 552(a)(6)(E)(ii)(I).
123. To date, the SBA has not provided The Times with such a determination.
124. The SBA failed to timely respond to The Times’s request for expedited processing.
REQUEST FOR RELIEF
WHEREFORE, Plaintiffs respectfully requests that this Court:
A. Declare unlawful the SBA’s constructive denial of the 555 Bloomberg
Request;
23
B. Declare unlawful the SBA’s constructive denial of the 580 Dow Jones
Request;
C. Declare unlawful the SBA’s denial of expedited processing of the 620
Bloomberg Request, the 910 Bloomberg Request, and the 1018 Bloomberg
Request;
D. Declare unlawful the SBA’s denial of expedited processing of the 1060 Dow
Jones Request and the 1088 Dow Jones Request;
E. Declare unlawful the SBA’s denial of expedited processing of the 914
ProPublica Request;
F. Declare unlawful the SBA’s failure to make and provide Plaintiffs with a
timely determination as to expedited processing of their other FOIA requests;
G. Enter an injunction, pursuant to 5 U.S.C. § 552(a)(4)(B), directing the SBA
to make all records sought by the 555 Bloomberg Request available to the
Plaintiffs, unredacted, and setting a deadline for compliance;
H. Enter an injunction, pursuant to 5 U.S.C. § 552(a)(4)(B), directing the SBA
to make all records sought by the 580 Dow Jones Request available to the
Plaintiffs, unredacted, and setting a deadline for compliance;
I. Enter an injunction, pursuant to 5 U.S.C. § 552(a)(6)(E)(iii), directing the
SBA to process all the Plaintiffs’ other FOIA requests as soon as practicable,
and setting a deadline for compliance;
J. Provide for expeditious proceedings in this action;
K. Award Plaintiffs their costs and reasonable attorneys’ fees incurred in this
action pursuant to 5 U.S.C. § 552(a)(4)(E); and
24
L. Grant such other and further relief as the Court may deem just and proper.
Dated: May 12, 2020 Respectfully submitted,
BALLARD SPAHR LLP
/s/ Charles D. Tobin

Charles D. Tobin (#455593)
Maxwell S. Mishkin (#1031356)
1909 K Street, NW, 12th Floor
Telephone: (202) 661-2200
Fax: (202) 661-2299
[email protected]
[email protected]
Counsel for Plaintiffs
25
Case 1:20-cv-01240 Document 1-1 Filed 05/12/20 Page 1 of 4
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Exhibit B
April 8, 2020
Oreoluwa Fashola
Chief, Freedom of Information/Privacy Act
U.S. Small Business Administration
409 Third St. SW, Washington, D.C., 20416
BY EMAIL
FREEDOM OF INFORMATION ACT REQUEST
*EXPEDITED PROCESSING REQUESTED*
Dear FOIA Officer:
Pursuant to the Freedom of Information Act, 5 U.S.C. Section 552 et seq.("FOIA"), I request
access to and copies of the following records (“the Records”):
1. Records of approved Paycheck Protection Program loans, for each loan approved
between 3/27/2020 and 4/8/2020. I request data on each loan in the same format as
currently provided by the SBA for 7(a) loans published on the SBA’s website here:
https://www.sba.gov/about-sba/open-government/foia#section-header-32
2. Records of approved Covid-19 Economic Injury Disaster Loans, for each loan approved
currently provided by the SBA for EIDL’s (CFDA 59.008) published on
usaspending.gov.
3. Records of approved Emergency Economic Injury Disaster Loan Grants, as authorized

under Section 1110 of the CARES Act, for each grant approved between 3/27/2020 and
4/8/2020. I request data on each loan in a similar format as that provided by the SBA for
all EIDL’s (CFDA 59.008) published on usaspending.gov. These should include but
need not be limited to the following fields: value of emergency grant, face value of
related EIDL loan, action date, recipient name, recipient parent duns, recipient parent
name, recipient address, recipient city name, recipient county code, recipient county
name, recipient state code, recipient state name, recipient ZIP code, recipient
congressional district.
BLOOMBERG, BLOOMBERG PROFESSIONAL, BLOOMBERG MARKETS, BLOOMBERG NEWS, BLOOMBERG ANYWHERE, BLOOMBERG TRADEBOOK, BLOOMBERG BONDTRADER, BLOOMBERG TELEVISION,
BLOOMBERG RADIO, BLOOMBERG PRESS and BLOOMBERG.COM are trademarks and service marks of Bloomberg Finance L.P., a Delaware limited partnership, or its subsidiaries. The BLOOMBERG PROFESSIONAL service
(the "BPS") is owned and distributed locally by Bloomberg Finance L.P. (BFLP) and its subsidiaries in all jurisdictions other than Argentina, Bermuda, China, India, Japan and Korea (the "BLP Countries"). BFLP is a wholly-owned subsidiary
of Bloomberg L.P. ("BLP"). BLP provides BFLP with all global marketing and operational support and service for these products and distributes the BPS either directly or through a non-BFLP subsidiary in the BLP Countries.
1
I am further requesting that the Records be provided to me on computer files, in a .csv format
or other commonly-used data format, and that they be provided to me through email, file-
sharing service, or API.
I am a reporter for Bloomberg News, an accredited and recognized news-gathering

organization. I request the Records to inform the public about matters of public concern. As a
representative of the news media, I am only required to pay for the direct cost of duplication
after the first 100 pages. Please waive all applicable fees. In the event a fee waiver is not
granted, I agree to pay reasonable fees for the Records, including actual costs up to $250. If
you estimate that actual costs will exceed this amount, please contact me so that I may make
the appropriate arrangements for payment.
I request that these materials be subject to expedited processing: Bloomberg News is

engaged in the dissemination of information to the public and the subject matter related to this
request is a matter of great public interest, debate, and urgency. Specifically, the survival of the
U.S. economy, and especially small businesses, during the Covid-19 pandemic is a matter of
great public concern; the SBA’s loan programs are the central pillar of the U.S. government’s
plan to rescue small businesses; and accountability, scrutiny, and oversight of these efforts
depends on timely public disclosure of the SBA’s actions.
I certify that my statements concerning the need for expedited processing are true and correct
to the best of my knowledge and belief.
FOIA requires that your agency respond to my request for expedited treatment within 10
business days. In the event your agency denies my request for expedited treatment, whether
through your agency’s affirmative denial of the request for expedited treatment or through your
agency’s failure to respond to the request for expedited treatment, then FOIA requires that your
agency nonetheless respond to the underlying request for information within 20 business days
of receipt of this letter. This request is segregable, and your agency may not withhold entire
records because of one section that you believe is exempt from disclosure. Under federal law,
if you choose to withhold any such parts of the records from disclosure, you must specify in a
written response the factual and legal basis for withholding any part of the Records.
Please contact me if I may assist in your office's response to this request. As I am making this
request as a journalist and this information is of timely value, I would appreciate your
communicating with me by telephone or email, rather than by mail, if you have questions
regarding this request.
2
Thank you for your assistance.
Sincerely,
/S/ Zachary Mider
Zachary R. Mider
Bloomberg News
401-499-8119 (mobile)
[email protected]
CC: Robert Friedman
Katherine K. Graham, Newsroom Counsel
3
April 15, 2020

Oreoluwa Fashola
BY EMAIL
Dear FOIA Officer:
usaspending.gov.

4/15/2020. I request data on each loan in a similar format as that provided by the SBA
for all EIDL’s (CFDA 59.008) published on usaspending.gov. These should include but
4


5
Sincerely,
/S/ Zachary Mider
Zachary R. Mider
Bloomberg News
401-499-8119 (mobile)
[email protected]
CC: Robert Friedman
6
April 23, 2020

Oreoluwa Fashola
BY EMAIL
Dear FOIA Officer:
usaspending.gov.

4/22/2020. I request data on each loan in a similar format as that provided by the SBA
for all EIDL’s (CFDA 59.008) published on usaspending.gov. These should include but
7


8
Sincerely,
/S/ Zachary Mider
Zachary R. Mider
Bloomberg News
401-499-8119 (mobile)
[email protected]
CC: Robert Friedman
9
April 29, 2020

Oreoluwa Fashola
BY EMAIL
Dear FOIA Officer:
In earlier requests to this office (SBA-2020-000555, SBA-2020-000620, SBA-2020-000910) I

requested loan-level data from the SBA’s coronavirus loan programs for certain time periods.
The SBA has responded to some of these requests by stating that it plans to turn its efforts to
providing loan-specific data at a future date.
This letter simply extends the time period of data requested up to the present day, 4/29/20, and
is otherwise identical to the earlier requests.
usaspending.gov.

under Section 1110 of the CARES Act, for each grant approved between 4/23/2020
and 4/29/2020. I request data on each loan in a similar format as that provided by the
SBA for all EIDL’s (CFDA 59.008) published on usaspending.gov. These should include
10
but need not be limited to the following fields: value of emergency grant, face value of


11
Sincerely,
/S/ Zachary Mider
Zachary R. Mider
Bloomberg News
401-499-8119 (mobile)
[email protected]
CC: Robert Friedman
12
Exhibit C
U.S. SMALL BUSINESS ADMINISTRATION

WASHINGTON, DC 20416
OFFICE OF DISASTER ASSISTANCE
April 21, 2020
Zachary R. Mider
[email protected]
Re: FOIA Request - SBA-2020-000557 and SBA-2020-000622
Dear Mr. Mider,
This letter is in response to your Freedom of Information Act (“FOIA”) request No. SBA-2020-
000557 and SBA-2020-000622 in which you have requested access to and copies of the
following records (“the Records”):
2. Records of approved Covid-19 Economic Injury Disaster Loans, for each loan
approved between 3/6/2020 and 4/15/2020. I request data on each loan in the same
format as currently provided by the SBA for EIDL’s (CFDA 59.008) published on
usaspending.gov.

under Section 1110 of the CARES Act, for each grant approved between 3/27/2020
and 4/15/2020. I request data on each loan in a similar format as that provided by the
SBA for all EIDL’s (CFDA 59.008) published on usaspending.gov. These should
include but need not be limited to the following fields: value of emergency grant, face
value of related EIDL loan, action date, recipient name, recipient parent duns, recipient
parent name, recipient address, recipient city name, recipient county code, recipient
county name, recipient state code, recipient state name, recipient ZIP code, recipient
The Small Business Administration (“Agency”) is providing statistical information on the

Paycheck Protection Program (“PPP”) loans and Economic Injury Disaster Loans (“EIDL”) in an
effort to keep the public informed of the assistance and actions both it and the thousands of
lenders across the country are taking at this difficult time. At this time, the Agency is focusing
its efforts on assisting small businesses during this unprecedented disruption to the economy due
to the coronavirus (“COVID-19”) outbreak. The Agency recognizes the need to balance the
interests of transparency with the privacy and confidentiality issues release of loan information
raises. In the near future, we will be able to turn our efforts to providing loan specific data to the
public, but hope that all understand the need for the Agency to focus its efforts fulfilling the
needs of the small businesses. This information will be added to the SBA.gov website as it
becomes available.
The statistical information can be found at: https://www.sba.gov/about-sba/open-

government/foia#section-header-32.
If you are dissatisfied with the Agency’s decision, you may file an administrative appeal within 90
days of the date of this letter to:
Office of Hearings and Appeals

Attention: Delorice Ford, FOIA Officer
409 3rd Avenue, SW – 8th Floor
If you are unable to resolve your FOIA dispute through our FOIA Public Liaison in the Office of
Hearings and Appeals, the Office of Government Information Services (“OGIS”), the Federal
FOIA Ombudsman’s office, offers mediation services to help resolve disputes between FOIA
requesters and Federal agencies. The contact information for OGIS is:
Office of Government Information Services

National Archives and Records Administration
8601 Adelphi Road--OGIS
College Park, MD 20740-6001
[email protected]
ogis.archives.gov
202-741-5770
877-684-6448
Sincerely,
James E. Rivera
Associate Administrator
for Disaster Assistance
Exhibit D
----- Original Message -----

From: [email protected]
At: 26-Apr-2020 17:50:31
Your request for Expedited Processing for the FOIA request SBA-2020-000620
has been denied. Additional details for this request are as follows:
 Request Created on: 04/15/2020

 Request Description: 1. Records of approved Paycheck Protection
Program loans, for each loan approved between 4/9/2020 and 4/15/2020. I
request data on each loan in the same format as currently provided by the
SBA for 7(a) loans published on the SBA’s website here:
2. Records of approved Covid-19 Economic Injury Disaster Loans, for

each loan approved between 4/9/2020 and 4/15/2020. I request data on
each loan in the same format as currently provided by the SBA for EIDL’s
(CFDA 59.008) published on usaspending.gov.
1
3. Records of approved Emergency Economic Injury Disaster Loan

Grants, as authorized under Section 1110 of the CARES Act, for each
grant approved between 4/9/2020 and 4/15/2020. I request data on each
loan in a similar format as that provided by the SBA for all EIDL’s
(CFDA 59.008) published on usaspending.gov. These should include but
need not be limited to the following fields: value of emergency grant, face
value of related EIDL loan, action date, recipient name, recipient parent
duns, recipient parent name, recipient address, recipient city name,
recipient county code, recipient county name, recipient state code,
recipient state name, recipient ZIP code, recipient congressional district.
I am further requesting that the Records be provided to me on computer

files, in a .csv format or other commonly-used data format, and that they
be provided to me through email, file-sharing service, or API.
 Expedited Processing Original Justification: I request that these materials

be subject to expedited processing: Bloomberg News is engaged in the
dissemination of information to the public and the subject matter related to
this request is a matter of great public interest, debate, and urgency.
Specifically, the survival of the U.S. economy, and especially small
businesses, during the Covid-19 pandemic is a matter of great public
concern; the SBA’s loan programs are the central pillar of the U.S.
government’s plan to rescue small businesses; and accountability,
scrutiny, and oversight of these efforts depends on timely public
disclosure of the SBA’s actions.
I certify that my statements concerning the need for expedited processing

are true and correct to the best of my knowledge and belief.
 Expedited Processing Disposition Reason: Moot
2
From: [email protected] At: 05/05/20 09:39:43

To: Zachary Mider (BLOOMBERG/ NEWSROOM: )
Subject: FOIA Expedited Processing Disposition Reached for SBA-2020-000910
Your request for Expedited Processing for the FOIA request SBA-2020-000910
has been denied. Additional details for this request are as follows:

 Request Description: Pursuant to the Freedom of Information Act, 5
U.S.C. Section 552 et seq.("FOIA"), I request access to and copies of the
following records (“the Records”):
1. Records of approved Paycheck Protection Program loans, for each loan
approved between 4/16/2020 and 4/22/2020. I request data on each loan in
the same format as currently provided by the SBA for 7(a) loans published
on the SBA’s website here: https://www.sba.gov/about-sba/open-
government/foia#section-header-32
2. Records of approved Covid-19 Economic Injury Disaster Loans, for
each loan approved between 4/16/2020 and 4/22/2020. I request data on
each loan in the same format as currently provided by the SBA for EIDL’s
(CFDA 59.008) published on usaspending.gov.
Grants, as authorized under Section 1110 of the CARES Act, for each
grant approved between 4/16/2020 and 4/22/2020. I request data on each
1
loan in a similar format as that provided by the SBA for all EIDL’s
(CFDA 59.008) published on usaspending.gov. These should include but
need not be limited to the following fields: value of emergency grant, face
value of related EIDL loan, action date, recipient name, recipient parent
duns, recipient parent name, recipient address, recipient city name,
recipient county code, recipient county name, recipient state code,
recipient state name, recipient ZIP code, recipient congressional district.
 Expedited Processing Original Justification: I request that these materials
be subject to expedited processing: Bloomberg News is engaged in the
dissemination of information to the public and the subject matter related to
this request is a matter of great public interest, debate, and urgency.
Specifically, the survival of the U.S. economy, and especially small
businesses, during the Covid-19 pandemic is a matter of great public
concern; the SBA’s loan programs are the central pillar of the U.S.
government’s plan to rescue small businesses; and accountability,
scrutiny, and oversight of these efforts depends on timely public
disclosure of the SBA’s actions.
2
From: [email protected] At: 05/11/20 11:10:14

To: Zachary Mider (BLOOMBERG/ NEWSROOM: )
Subject: FOIA Expedited Processing Disposition Reached for SBA-
2020-001018
Your request for Expedited Processing for the FOIA request SBA-2020-
001018 has been denied. Additional details for this request are as follows:


 Request Description: Pursuant to the Freedom of Information Act, 5
U.S.C. Section 552 et seq.("FOIA"), I request access to and copies
of the following records (“the Records”):
1. Records of approved Paycheck Protection Program loans, for

each loan approved between 4/23/2020 and 4/29/2020. I request
data on each loan in the same format as currently provided by the
SBA for 7(a) loans published on the SBA’s website here:
https://www.sba.gov/about-sba/open-government/foia#section-
header-32
1
2. Records of approved Covid-19 Economic Injury Disaster Loans,
for each loan approved between 4/23/2020 and 4/29/2020. I
request data on each loan in the same format as currently provided
by the SBA for EIDL’s (CFDA 59.008) published on
usaspending.gov.

Grants, as authorized under Section 1110 of the CARES Act, for
each grant approved between 4/23/2020 and 4/29/2020. I request
data on each loan in a similar format as that provided by the SBA
for all EIDL’s (CFDA 59.008) published on usaspending.gov. These
should include but need not be limited to the following fields: value
of emergency grant, face value of related EIDL loan, action date,
recipient name, recipient parent duns, recipient parent name,
recipient address, recipient city name, recipient county code,
recipient county name, recipient state code, recipient state name,
recipient ZIP code, recipient congressional district.
I am further requesting that the Records be provided to me on

computer files, in a .csv format or other commonly-used data
format, and that they be provided to me through email, file-sharing
service, or API.

 Expedited Processing Original Justification: I request that these
materials be subject to expedited processing: Bloomberg News is
engaged in the dissemination of information to the public and the
subject matter related to this request is a matter of great public
interest, debate, and urgency. Specifically, the survival of the U.S.
economy, and especially small businesses, during the Covid-19
pandemic is a matter of great public concern; the SBA’s loan
programs are the central pillar of the U.S. government’s plan to
rescue small businesses; and accountability, scrutiny, and
oversight of these efforts depends on timely public disclosure of the
SBA’s actions.
I certify that my statements concerning the need for expedited

processing are true and correct to the best of my knowledge and
belief.


2
Exhibit E
5/8/2020 Dow Jones
Case 1:20-cv-01240 Mail - Fwd: FOIA
Document 1-5Request
FiledSBA-2020-000580
05/12/20 Page Submitted
2 of 8
Fwd: FOIA Request SBA-2020-000580 Submitted
From: <[email protected]>
Date: Mon, Apr 13, 2020 at 10:41 AM
Subject: FOIA Request SBA-2020-000580 Submitted
To: <[email protected]>
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is
as follows:
Tracking Number: SBA-2020-000580

Requester Name: Rolfe Winkler
Date Submitted: 04/13/2020
Request Status: Submitted
Description: • a summary database of information for all APPROVED loans under the Paycheck Protection
Program of the 2020 CARES Act from the time the program began accepting applications through the end of
business on April 13, 2020. Please include all data fields the Small Business Administration tracks for each loan
that it determines is information generally disclosed under FOIA, including but not limited to: 1) names, commercial
street addresses, and e-mail addresses of recipients of approved loans, 2) names of officers, directors,
stockholders or partners of recipient firms, 3) kinds and amounts of loans, loan terms, interest rates, maturity
dates, general purpose, etc., 4) business type 5) bank name and bank commercial street address, 6) approval
date, 7) disbursement date, 8) NAICS description, 9) franchise name and franchise code, if applicable
Please transmit these records to me electronically, via email or another electronic means. My email address is:
[email protected]. Please do not print and mail me paper records if it is not necessary to do so.
Please note that the information I have requested is either expressly classified on SBA's website as "information
generally disclosed" or consistent with the categories of information included in the "loan data reports" regularly
updated on SBA's website -- https://www.sba.gov/about-sba/open-government/foia -- under "frequently requested
records."
--
Rolfe Winkler
REPORTER
LinkedIn profile: https://www.linkedin.com/in/rolfewinkler

M: +1 847-380-0751
E: [email protected]
https://mail.google.com/mail/u/0?ik=5039947775&view=pt&search=all&permmsgid=msg-f%3A1666162949923281090&simpl=msg-f%3A16661629499… 1/1
Coulter Jones
Reporter
[email protected]
212.416.3778

Fifth Floor
Mail Drop 5-3 Desk: 05.BH41
New York, NY 10036
Thursday, April 16, 2020

Chief, Freedom of Information/Privacy Acts Office
409 Third St. SW, eighth floor
Sent via email: [email protected]
Re: Request for Massachusetts Certificate Database data
To Whom It May Concern:
This is a request under the federal Freedom of Information Act, 5 U.S.C. § 552 et seq.,
for records and data maintained by your office. I ask that all correspondence regarding this
request be sent via email to [email protected] or phone at 212-416-3778.
Data requested:
- A full data export for approved borrowers and lenders of the Paycheck Protection
Program as of the current date.
Please provide all items responsive to this request in an electronic format – not paper records.
The data should be exported in to a machine-readable file, such as .csv, .txt or other format.
The database should include but not be limited to:
- Borrower name
- Borrower address (including City, State and Zip code)
- Any ID associated with borrower such as EIN
- Number of employees listed by borrower
- Purpose of loan (ie. pay employees)
- NAICS or other industry code of borrower
- Indication if borrower is a franchise
- Loan approval date
- Gross loan approval amount
- Term of loan
- Bank/lender name
- Bank/lender address (including City, State and Zip code)
- Any ID associated with lender, such as FDIC Cert ID
I am requesting a full data export of all available data. Please provide any necessary lookup
tables, record layouts or documentation necessary in understanding the data. If this request is
Coulter Jones
Reporter
[email protected]
212.416.3778

Fifth Floor
Mail Drop 5-3 Desk: 05.BH41
New York, NY 10036
denied in whole or part, I ask that you justify all deletions by reference to specific exemptions
of the law. I also expect you to release all segregable portions of otherwise exempt material.
I would prefer to receive this information via email ([email protected]), but any records
can also be mailed to:
Coulter Jones
110 Mackey Ave.
Port Washington, NY 11050
I am a reporter for The Wall Street Journal. This request is made in the routine course of
newsgathering. As such, I request a waiver of all fees for this request. Disclosure of the
requested information to me is in the public interest because it is likely to contribute
significantly to the public understanding of operation or activities of the government and is
not primarily in my commercial interest.
If my request is denied in whole or part, I ask that you justify all deletions by reference to
specific exemptions of the act. I will also expect you to release all segregable portions of
otherwise exempt material. I, of course, reserve the right to appeal your decision to withhold
any information or to deny a waiver of fees.
As I am making this request as a journalist and this information is of timely value, I would
appreciate your communicating with me by email at [email protected] rather than by
postal mail, if you have questions regarding this request. I can also be reached at 212-416-
3778.
Please provide expedited processing of this request which concerns a matter of urgency. As a
journalist, I am primarily engaged in disseminating information. This request concerns a
matter of current exigency to the American public because it relates to the conduct of a
leading investigator of liver-disease drugs.
I look forward to your reply within 20 business days, as the statute requires.
Sincerely,
Coulter Jones
5/8/2020 Dow Jones
Document 1-5Request
5 of 8

1 message
Date: Fri, Apr 24, 2020 at 1:08 PM
as follows:

Description: Pursuant to the Freedom of Information Act, 5 U.S.C. § 552, please provide me:
• The underlying loan level data, stored in a spreadsheet or database or other electronic form, that was used to
generate the statistical information the Small Business Administration has published regarding the Paycheck
Protection Program, seen at this link: https://www.sba.gov/document/report--paycheck-protection-program-ppp-
report-through-april-16-2020-12-pm-est.
Please transmit these
--
Rolfe Winkler
REPORTER

M: +1 847-380-0751
https://mail.google.com/mail/u/0?ik=5039947775&view=pt&search=all&permthid=thread-f%3A1666162834521681509&simpl=msg-f%3A16661628345… 1/1
5/8/2020 Dow Jones
Document 1-5Request
6 of 8
Date: Fri, May 1, 2020 at 9:36 AM
as follows:

Description: Pursuant to the Freedom of Information Act, 5 U.S.C. § 552, please provide me:
• A summary database of information for all APPROVED Paycheck Protection Program loans from the time the
program began accepting applications through the date on which this request is processed. Please include
whatever data fields the Small Business Administration tracks for each loan, including but not limited to: 1) names,
commercial street addresses, and e-mail addresses of recipients of approved loans, 2) names of officers,
directors, stockholders or partners of recipient firms, 3) kinds and amounts of loans, loan terms, interest rates,
maturity dates, general purpose, etc., 4) business type 5) bank name and bank commercial street address, 6)
approval date, 7) disbursement date, 8) NAICS description, 9) franchise name and franchise code, if applicable.
records."
--
Rolfe Winkler
REPORTER

M: +1 847-380-0751
https://mail.google.com/mail/u/0?ik=5039947775&view=pt&search=all&permmsgid=msg-f%3A1666162801764649278&simpl=msg-f%3A16661628017… 1/1
5/8/2020 Dow Jones
Document 1-5Request
7 of 8

1 message
Date: Fri, May 1, 2020 at 1:27 PM
as follows:

Description: A summary database of information for all APPROVED loans under the Paycheck Protection Program
for Pacific region recipients from the time the program began accepting applications through the date on which this
request is processed. Please include whatever data fields the Small Business Administration tracks for each loan,
including but not limited to: 1) names, commercial street addresses, and e-mail addresses of recipients of
approved loans, 2) names of officers, directors, stockholders or partners of recipient firms, 3) kinds and amounts of
loans, loan terms, interest rates, maturity dates, general purpose, etc., 4) business type 5) bank name and bank
commercial street address, 6) approval date, 7) disbursement date, 8) NAICS description, 9) franchise name and
franchise code, if applicable.
updated on SBA's website -- https://www.sba.gov/about-sba/open-government/foia
-- under "frequently requested records."
--
Rolfe Winkler
REPORTER

M: +1 847-380-0751
5/8/2020 Dow Jones
Document 1-5Request
8 of 8

1 message
Date: Fri, May 1, 2020 at 1:41 PM
as follows:

Description: A summary database of information for all APPROVED loans under the Paycheck Protection Program
for mid-Atlantic region recipients from the time the program began accepting applications through the date on
which this request is processed. Please include whatever data fields the Small Business Administration tracks for
each loan, including but not limited to: 1) names, commercial street addresses, and e-mail addresses of recipients
of approved loans, 2) names of officers, directors, stockholders or partners of recipient firms, 3) kinds and amounts
of loans, loan terms, interest rates, maturity dates, general purpose, etc., 4) business type 5) bank name and bank
commercial street address, 6) approval date, 7) disbursement date, 8) NAICS description, 9) franchise name and
franchise code, if applicable.
--
Rolfe Winkler
REPORTER

M: +1 847-380-0751
Exhibit F
Exhibit G
5/11/2020 Dow Jones Mail - Fwd:Document
Case 1:20-cv-01240 FOIA Expedited1-7
Processing
Filed Disposition
05/12/20 Reached for SBA-2020-001060
Page 2 of 3
Fwd: FOIA Expedited Processing Disposition Reached for SBA-2020-001060

1 message
Date: Mon, May 11, 2020 at 8:36 AM
Your request for Expedited Processing for the FOIA request SBA-2020-001060 has been denied. Additional details for
this request are as follows:
Request Created on: 05/01/2020

Request Description: Pursuant to the Freedom of Information Act, 5 U.S.C. § 552, please provide me:
• A summary database of information for all APPROVED Paycheck Protection Program loans from the time the
program began accepting applications through the date on which this request is processed. Please include
whatever data fields the Small Business Administration tracks for each loan, including but not limited to: 1) names,
commercial street addresses, and e-mail addresses of recipients of approved loans, 2) names of officers,
directors, stockholders or partners of recipient firms, 3) kinds and amounts of loans, loan terms, interest rates,
maturity dates, general purpose, etc., 4) business type 5) bank name and bank commercial street address, 6)
approval date, 7) disbursement date, 8) NAICS description, 9) franchise name and franchise code, if applicable.
records."
Expedited Processing Original Justification: Please expedite the processing of this request. Under the provisions of
5 U.S.C. §552(a)(6)(E), expedited processing is allowed for requests by members of the news media where the
requestor demonstrates a “compelling need” to inform the public concerning actual or alleged federal government
activity.
I am a member of the news media and there is an urgent public need for information that sheds light on the
disbursement of Paycheck Protection Program funds. We've already learned of allegations that applicants for the
funds may not use them in a manner consistent with the letter and spirit of the law. Multiple applicants have told us
they don't need PPP money now, nor have planned any layoffs, yet still applied for PPP funds to make additional
hires or just in case the pandemic impacts their business later. We also learned of an allegation that the owner of a
private jet, with a net worth possibly in the hundreds of millions, has applied for a PPP loan to meet payroll for the
crew that flies his plane. Such cases suggest some applicants may violate the certification in the loan application
that "current economic uncertainty makes this loan request necessary to support the ongoing operations of the
Applicant."
Given the heightened scrutiny around this issue, and the fact that there is taxpayer money at risk, there is an
urgent need to inform the public about how Paycheck Protection Program funds are used. As a member of the
news media, I am perfectly placed to fulfill this need to inform the public about this issue.
I certify that my statements concerning the need for expedited processing are true and correct to the best of my
knowledge and belief. In accordance with the provisions of 5 U.S.C. §552(a)(6)(E), please advise me within
Expedited Processing Disposition Reason: Moot
--
Rolfe Winkler
REPORTER
Processing
Filed Disposition
05/12/20 Reached for SBA-2020-001060
Page 3 of 3

M: +1 847-380-0751
Exhibit H
Processing
Filed Disposition
05/12/20 Reached for SBA-2020-001088
Page 2 of 3
Fwd: FOIA Expedited Processing Disposition Reached for SBA-2020-001088

1 message
Date: Mon, May 11, 2020 at 8:49 AM
Your request for Expedited Processing for the FOIA request SBA-2020-001088 has been denied. Additional details for
this request are as follows:

Request Description: Pursuant to the Freedom of Information Act, 5 U.S.C. § 552, please provide me:
• A summary database of information for all APPROVED Paycheck Protection Program loans made via Silicon
Valley Bank from the time the program began accepting applications through the date this request is processed.
Please include whatever data fields the Small Business Administration tracks for each loan, including but not
limited to: 1) names, commercial street addresses, and e-mail addresses of recipients of approved loans, 2)
names of officers, directors, stockholders or partners of recipient firms, 3) kinds and amounts of loans, loan terms,
interest rates, maturity dates, general purpose, etc., 4) business type 5) bank name and bank commercial street
address, 6) approval date, 7) disbursement date, 8) NAICS description, 9) franchise name and franchise code, if
applicable.
records."
Please transmit these records to me electronically, via email or another electronic means. My email address is:
[email protected]. Please do not print and mail me paper records if it is not necessary to do so.
Expedited Processing Original Justification: Please expedite the processing of this request. Under the provisions of
5 U.S.C. §552(a)(6)(E), expedited processing is allowed for requests by members of the news media where the
requestor demonstrates a “compelling need” to inform the public concerning actual or alleged federal government
activity.
I am a member of the news media and there is an urgent public need for information that sheds light on the
disbursement of Paycheck Protection Program funds. We've already learned of allegations that applicants for the
funds may not use them in a manner consistent with the letter and spirit of the law. Multiple applicants have told us
they don't need PPP money now, nor have planned any layoffs, yet still applied for PPP funds to make additional
hires or just in case the pandemic impacts their business later. We also learned of an allegation that the owner of a
private jet, with a net worth possibly in the hundreds of millions, has applied for a PPP loan to meet payroll for the
crew that flies his plane. Such cases suggest some applicants may violate the certification in the loan application
that "current economic uncertainty makes this loan request necessary to support the ongoing operations of the
Applicant."
Given the heightened scrutiny around this issue, and the fact that there is taxpayer money at risk, there is an
urgent need to inform the public about how Paycheck Protection Program funds are used. As a member of the
news media, I am perfectly placed to fulfill this need to inform the public about this issue.
I certify that my statements concerning the need for expedited processing are true and correct to the best of my
knowledge and belief. In accordance with the provisions of 5 U.S.C. §552(a)(6)(E), please advise me within 10
calendar days whether the agency has granted my request for expedited processing.
Processing
Filed Disposition
05/12/20 Reached for SBA-2020-001088
Page 3 of 3
If you deny my request for expedited processing, please clearly describe the reasons why you believe expedited
processing is not merited and any appeal ri
--
Rolfe Winkler
REPORTER

M: +1 847-380-0751
Exhibit I
FOIAonline Request Details Case 1:20-cv-01240 Document 1-9 Filed 05/12/20 Page 2 of 3 4/30/20, 6:01 PM
SBA-2020-000914 Request Details
Submitted Evaluation Assignment Processing Closed
Contact Information
Full Name Paul Kiel Mailing Address Location United States/US

Organization Territories
Email Address Address Line 1 155 Avenue of the
[email protected] Americas
Phone Number 9175120248 Address Line 2 ProPublica, 13th
Fax Number Floor
City New York
State/Province NY
Zip Code/Postal Code 10013
Request Information
Agency Financial Fee Category N/A

Assistance/Capital Access O!ice Request Track Simple
Will Pay Up To $100.00 Request Phase Assignment
Date Submitted 04/23/2020 Final Disposition Undetermined
Estimated Date 05/22/2020
of Completion
Description
Description Pursuant to the federal Freedom of Information Act, 5 U.S.C. s. 552, I request
loan level information about all loans made under the Paycheck Protection
Program (PPP). I also request the same information for Emergency EIDL Grants.
Specifically, for both these programs, I request the same 34 fields the SBA
provides through its “SBA 7(a) & 504 loan data reports” on its FOIA website. See:
https://www.sba.gov/about-sba/open-government/foia#section-header-32 and
http://imedia.sba.gov/vd/general/foia/7a_504_FOIA%20Data%20Dictionary.xlsx
However, in addition to those fields already provided, I also request information
https://www.foiaonline.gov/foiaonline/action/registered/submissionDetails?trackingNumber=SBA-2020-000914&type=Request Page 1 of 2
on the amount of forgiveness allowed for each loan. This is a special feature of
the PPP loans under Section 1106 of the CARES Act. To be clear, I request
information on loans made under the PPP both as authorized under Section
1102 of the CARES Act and as authorized under future laws that extend the
program. I also request information on Emergency EIDL Grants made possible
under Section 1110 of the CARES Act and any future law. If my request is denied
in whole or part, I ask that you justify all deletions by reference to specific
exemptions of the act. I will also expect you to release all segregable portions of
otherwise exempt material. I, of course, reserve the right to appeal your
decision to withhold any information or to deny a waiver of fees.
Request Expedited Processing
Made Request? Yes

Expedited Justification I am requesting expediting processing for this request under (f)(1)(iv) of the law:
“An urgency to inform the public about an actual or alleged Federal Government activity, if made by a person
primarily engaged in disseminating information.” I am a full-time journalist with the media organization ProPublica.
The PPP and EIDL programs collectively have been the focus of intense public interest since the program involves
hundreds of billions of taxpayer dollars, directly a!ects tens of millions of Americans, and is taking place during a
national emergency. The PPP program in particular has been the focus of controversy involving lending activity by the
banks and the nature of the recipients. (See: https://www.wsj.com/articles/dallas-hotel-owner-is-biggest-beneficiary-
of-coronavirus-loan-program-11587568827 and https://www.washingtonpost.com/business/2020/04/22/small-town-
banks-scrambled-provide-federal-loans-outpacing-national-lenders/?
utm_source=rss&utm_medium=referral&utm_campaign=wp_business)
Request a Fee Waiver
Made Request? Yes

Expedited Justification As I am a full-time journalist with the media organization ProPublica, this
request is made as part of newsgathering and is not for a commercial use. Please waive search and review fees.
Supporting Files
Download Attached File Name Size (MB) File Type
No attachments have been added.
Exhibit J
Exhibit K
Case 1:20-cv-01240 Document 1-11 Filed 05/12/20 Page 2 of 3 5/8/20, 10:26 AM
FOIA Expedited Processing Disposition Reached for SBA-2020-000914

[email protected] <[email protected]>
Tue 5/5/2020 9:58 AM
To: Paul Kiel <[email protected]>
Your request for Expedited Processing for the FOIA request SBA-2020-000914 has been
denied. Additional details for this request are as follows:

Request Description: Pursuant to the federal Freedom of Information Act, 5 U.S.C. s. 552, I
request loan level information about all loans made under the Paycheck Protection
Program (PPP). I also request the same information for Emergency EIDL Grants.
Specifically, for both these programs, I request the same 34 fields the SBA provides
through its “SBA 7(a) & 504 loan data reports” on its FOIA website. See:
https://www.sba.gov/about-sba/open-government/foia#section-header-32 and
http://imedia.sba.gov/vd/general/foia/7a_504_FOIA%20Data%20Dictionary.xlsx
However, in addition to those fields already provided, I also request information on the
amount of forgiveness allowed for each loan. This is a special feature of the PPP loans
under Section 1106 of the CARES Act.
To be clear, I request information on loans made under the PPP both as authorized under
Section 1102 of the CARES Act and as authorized under future laws that extend the
program. I also request information on Emergency EIDL Grants made possible under
Section 1110 of the CARES Act and any future law.
If my request is denied in whole or part, I ask that you justify all deletions by reference to
specific exemptions of the act. I will also expect you to release all segregable portions of
otherwise exempt material. I, of course, reserve the right to appeal your decision to
withhold any information or to deny a waiver of fees.
Expedited Processing Original Justification: I am requesting expediting processing for this
request under (f)(1)(iv) of the law: “An urgency to inform the public about an actual or
alleged Federal Government activity, if made by a person primarily engaged in
disseminating information.”
I am a full-time journalist with the media organization ProPublica. The PPP and EIDL
programs collectively have been the focus of intense public interest since the program
involves hundreds of billions of taxpayer dollars, directly affects tens of millions of
Americans, and is taking place during a national emergency. The PPP program in
particular has been the focus of controversy involving lending activity by the banks and
the nature of the recipients. (See: https://www.wsj.com/articles/dallas-hotel-owner-is-
biggest-beneficiary-of-coronavirus-loan-program-11587568827 and
https://www.washingtonpost.com/business/2020/04/22/small-town-banks-scrambled-
provide-federal-loans-outpacing-national-lenders/?
https://outlook.office.com/mail/search/id/AAQkAGFhZGJmMTEyL…5ZC05OTkwLTFhYmJmNzcyNGEyNgAQAACbIl9NW%2FRDs%2B6KExxwJ3E%3D Page 1 of 2
Case 1:20-cv-01240 Document 1-11 Filed 05/12/20 Page 3 of 3 5/8/20, 10:26 AM
https://outlook.office.com/mail/search/id/AAQkAGFhZGJmMTEyL…5ZC05OTkwLTFhYmJmNzcyNGEyNgAQAACbIl9NW%2FRDs%2B6KExxwJ3E%3D Page 2 of 2
Exhibit L
SBA-2020-001043 Request Details
Submitted Evaluation Assignment Processing Closed
Contact Information
Full Name Paul Kiel Mailing Address Location United States/US

Organization Territories
Email Address Address Line 1 155 Avenue of the
[email protected] Americas
Phone Number 9175120248 Address Line 2 ProPublica, 13th
Fax Number Floor
City New York
State/Province NY
Zip Code/Postal Code 10013
Request Information
Agency U.S. Small Fee Category

Business Administration Request Track Simple
Will Pay Up To $100.00 Request Phase Submitted
Date Submitted 04/30/2020 Final Disposition Undetermined
Estimated Date TBD
of Completion
Description
Description Pursuant to the federal Freedom of Information Act, 5 U.S.C. s. 552, I request
loan level information about companies that received subsidies for SBA 7(a)
loans under Section 1112 of the CARES Act, “Subsidy for Certain Loan
Payments.” The section enables the SBA to pay the principal, interest, and fees
that are owed on specified loans for six months. In addition to the information
the SBA commonly releases through its “SBA 7(a) & 504 loan data reports” on
its FOIA website, for each loan, I request the beginning date of the 6-month
period that the SBA paid the loan payments, the end date, and the amount
paid by the SBA under Section 1112. On 4/23/2020, I submitted a request

about other SBA loans made under the CARES Act (Tracking number) SBA-
2020-000914. If my request is denied in whole or part, I ask that you justify all
deletions by reference to specific exemptions of the act. I will also expect you
to release all segregable portions of otherwise exempt material. I, of course,
reserve the right to appeal your decision to withhold any information or to
deny a waiver of fees.
Request Expedited Processing
Made Request? Yes

Expedited Justification I am requesting expediting processing for this request under (f)(1)(iv) of the
law: “An urgency to inform the public about an actual or alleged Federal Government activity, if made by a person
primarily engaged in disseminating information.” I am a full-time journalist with the media organization ProPublica.
The SBA's lending programs collectively have been the focus of intense public interest since the programs involve
hundreds of billions of taxpayer dollars, directly a!ects tens of millions of Americans, and is taking place during a
national emergency. (See: https://www.wsj.com/articles/dallas-hotel-owner-is-biggest-beneficiary-of-coronavirus-
loan-program-11587568827 and https://www.washingtonpost.com/business/2020/04/22/small-town-banks-
scrambled-provide-federal-loans-outpacing-national-lenders/?
Request a Fee Waiver
Made Request? Yes

Expedited Justification As I am a full-time journalist with the media organization ProPublica, this
request is made as part of newsgathering and is not for a commercial use. Please waive search and review fees.
Supporting Files
Download Attached File Name Size (MB) File Type
No attachments have been added.
Exhibit M
From: Mark Walker <[email protected]>

Date: Mon, Apr 27, 2020 at 1:58 PM
Subject: Freedom of Information Act request
Good morning,
I hope this email finds you well.
This is a request under the Freedom of Information Act from Mark Walker of The New York
Times.
The New York Times is requesting a summary database of information for all approved loans
under the Paycheck Protection Program of the 2020 CARES Act from the time the program
began accepting applications through the end of business on April 13, 2020. Please include all
data fields the Small Business Administration tracks for each loan that it determines is
information generally disclosed under FOIA, including but not limited to: 1) names, commercial
stress addresses, and e-mail address of recipients of approved loans, 2) names of officers,
directors, stockholders or partners of recipient firms, 3) kinds and amounts of loans, loan terms,
internet rates, maturity dates, general purpose, etc., 4) business type, 5) bank name and bank
commercial street address, 6) approval date, 7) disbursement date, 8) NAICS description, 9)
franchise name and franchise code, if applicable.
Format of requested records
Under FOIA, you are obligated to provide records in the format requested. See, e.g., 5 U.S.C. §
552(a)(3)(B) (”In making any record available to a person under this paragraph, an agency shall
provide the record in any form or format requested by the person if the record is readily
reproducible by the agency in that form or format.”).
We request all records in an electronic .pdf format.
Please provide all records on a rolling basis.
Response time
We appreciate your help in expeditiously obtaining a determination on the requested records. As

mandated in FOIA, we anticipate a reply within the statutory timeframe of 20 business days. 5
U.S.C. § 552(a)(6)(A)(i).
Fee waiver
I respectfully request that you waive all fees in connection with this request as provided by 5
U.S.C. § 552(a)(4)(A)(iii). FOIA was designed to provide citizens a broad right to access
government records. FOIA’s basic purpose is to “open agency action to the light of public
scrutiny,” with a focus on the public’s “right to be informed about what their government is up
to.” U.S. Dep’t of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 773–74
(1989). In order to provide public access to this information, FOIA’s fee waiver provision
requires that “[d]ocuments . . . be furnished without any charge or at a [reduced] charge . . . if
disclosure of the information is in the public interest because it is likely to contribute
significantly to public understanding of the operations or activities of the government and is not
primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(A)(iii). Disclosure to
The New York Times will contribute to public understanding of the operations and activities of
the government and is not in the commercial interest of the requester.
Expedited processing
First, the subject of this records request is a matter of extreme media interest that has raised
questions about the integrity of the government's trade negotiation practices.
The Paycheck Protection Program has been covered by every major news outlet in the United
States. Many of these outlets have hired questions about to what kinds of businesses the funds
distributed through the program are being allocated. The requested records will provide insight
into which businesses received these loans.
Second, as a reporter for The New York Times, I am a person primarily engaged in
disseminating information to the public, and there is an urgent need to inform the public about
the specific government activity that is the subject of this request.
This week, Congress added more money to the Paycheck Protection Program. It is likely that
there will be future debates about which loans should be forgiven under the terms of the
program. The requested records will contribute to the public’s understanding of this debate about
federal government activity.
--
Mark Walker
Washington Bureau
202 862 0414 office
605 809 7369 mobi
[email protected]

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Case 1:20-cv-01240 Document 1 Filed 05/12/20 Page 1 of 25

IN THE UNITED STATES DISTRICT COURT

731 Lexington Avenue

DOW JONES & COMPANY, INC.,

1211 Avenue of the Americas

PRO PUBLICA, INC.,

155 Avenue of the Americas, 13th Floor

THE NEW YORK TIMES COMPANY,

620 Eighth Avenue

U.S. SMALL BUSINESS ADMINISTRATION,

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1. This is an action brought pursuant to the Freedom of Information Act (“FOIA”),

government’s efforts to address the economic fallout of the COVID-19 pandemic.

because of the public interest in contemporaneously monitoring the disbursement of billions of

5. Plaintiff Bloomberg L.P. (“Bloomberg”), is the owner and operator of Bloomberg

radio, print and live events.

formats, including print, digital, mobile, and live events.

7. Plaintiff Pro Publica, Inc. (“ProPublica”), a non-partisan newsroom based in New

organization dedicated to producing investigative journalism in the public interest, ProPublica

Times newspaper and www.nytimes.com. The Times is headquartered in New York.

JURISDICTION AND VENUE

11. Venue is proper in this judicial district under 5 U.S.C. § 552(a)(4)(B).

I. The COVID-19 Pandemic

losses.” See https://www.federalreserve.gov/newsevents/pressreleases/monetary20200429a.htm.

Depression. See https://www.bls.gov/news.release/empsit.nr0.htm.

See https://www.federalreserve.gov/mediacenter/files/FOMCpresconf20200429.pdf at 2, 12.

and utilities.” See https://home.treasury.gov/policy-issues/cares/assistance-for-small-businesses.

payroll, rent, mortgage interest, or utilities.” See https://www.sba.gov/funding-

III. Questions Surrounding The SBA’s COVID-Related Programs

receive funding?” See, e.g., https://www.washingtonpost.com/business/2020/04/20/white-house-

See, e.g., https://www.bloomberg.com/news/articles/2020-05-08/jpmorgan-s-publicly-traded-

than $70 million. See, e.g., https://www.nytimes.com/2020/05/02/business/economy/ashford-

struggling to survive during the coronavirus crisis.” See https://oversight.house.gov/news/press-

the loans as intended.” See https://www.sba.gov/sites/default/files/2020-

loan or the emergency grant.” See https://www.nfib.com/content/press-release/economy/70-

32. On May 4, 2020, a group of 103 lawmakers wrote to Administrator Carranza,

IV. The Plaintiffs’ FOIA Requests

PPP. See https://www.sba.gov/about-sba/open-government/foia (under “Frequently requested

also https://www.sba.gov/about-sba/open-government/foia (under “Frequently requested

The Post’s Request

2020, seeking records relating to the PPP and EIDL program.

a. Specifically, the Post Request sought the following information as to the

available)”; (iii) “Names of officers, directors, stockholders or partners of

notice to potential borrowers under the heading “Freedom of Information Act (5

Subject to certain exceptions, SBA must supply information

Ex. A at 1; see also https://www.sba.gov/document/sba-form-2483-paycheck-

Ex. A at 2; see also https://www.sba.gov/about-sba/open-government/foia (under

“Frequently requested records”).

activity in the PPP and EIDL are improper.” Ex. A at 2.

Post Request will receive expedited processing.

attached hereto as Exhibit B.

composite of SBA’s responses to the Bloomberg Requests is attached hereto as Exhibit C.

the agency will produce in response to the 555 Bloomberg Request.

processing of these requests is attached hereto as Exhibit D.

Dow Jones’s Requests

requests is attached hereto as Exhibit E.

commercial street address, 6) approval date, 7) disbursement date, 8) NAICS description,

9) franchise name and franchise code, if applicable.” Ex. E at 1.

the 580 Dow Jones Request is attached hereto as Exhibit F.

EXPEDITED PROCESSING REQUESTED

EXPEDITED PROCESSING REQUESTED

EXPEDITED PROCESSING REQUESTED