15 U.S.C. § 9012

Emergency rulemaking authority

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Not later than 15 days after March 27, 2020, the Administrator shall issue regulations to carry out this title 11 See References in Text note below. and the amendments made by this title 1 without regard to the notice requirements under section 553(b) of title 5.

Notes of Decisions

Cited in 24 cases (14 in the last 5 years), 2020–2026 · leading case: U.S. Fed. Credit Union v. Gateway Radiology Consultants, P.A., 983 F.3d 1239 (11th Cir. 2020).

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U.S. Fed. Credit Union v. Gateway Radiology Consultants, P.A., 983 F.3d 1239 (11th Cir. 2020). · cites it 3× “at 312 (codified at 15 U.S.C. § 9012 ). And 8 USCA11 Case: 20-13462 Date Filed: 12/22/2020 Page: 9 of 44 Congress ordered that it be done posthaste, requiring that the implementing regulations be issued “[n]ot later than 15 days after the date of enactment of this Act.”

Springfield Hosp., Inc., Springfield Med. Care Sys., Inc. v. Guzman, 28 F.4th 403 (2d Cir. 2022). · cites it 2× “at 312 (codified as amended at 15 U.S.C. § 9012 ). In keeping with this statutory mandate, the SBA issued multiple rules implementing the PPP.”

Seville Indus. LLC v. U S Small Bus. Admin. (W.D. La. 2024). · cites it 5× “Congress gave the SBA only 15 days to issue rules, 15 U.S.C. § 9012 , described as “warp speed for regulatory action.”

Brennan v. USA (E.D. Ark. 2020). · cites it 3× “” 15 U.S.C. § 9012 (footnotes omitted). On April 7, 2020, the SBA announced that EIDL advance grants would be limited to $1,000.”

Carmen's Corner Store v. Small Bus. Admin. (D. Maryland 2020). · cites it 3× “CARES Act, Section 1114 (codified at 15 U.S.C. § 9012 ). On April 15, 2020, the SBA published an interim final rule (IFR) that provided additional restrictions on who could apply for PPP loans.”

Defy Ventures, Inc. v. United States Small Bus. Admin. (D. Maryland 2020). · cites it 3× “CARES Act, Section 1114 (codified at 15 U.S.C. § 9012 ). On April 15, 2020, the SBA published an interim final rule (IFR) that provided additional restrictions on who could apply for PPP loans.”

Salutoceuticals, LLC v. United States Small Bus. Admin. (W.D. Tex. 2024). · cites it 3× “15 U.S.C. § 9012 (citing 5 U.S.C. § 553 (b)).”

United States Small Bus. Admin. v. Alaska Urological Inst., P.C. (D. Alaska 2020). · cites it 2× “9 CARES Act § 1114; 15 U.S.C. § 9012 . 10 15 U.S.C. § 9012 . Case No.”

Tradeways, Ltd v. The United States Dep't of the Treasury (D. Maryland 2020). · cites it 2× “” 15 U.S.C. § 9012 . Pursuant to that grant of authority, the SBA promulgated a First Interim Final Rule concerning the PPP on April 15, 2020.”

Shop Rite v. SBA (5th Cir. 2025). · cites it 2× “5 See 15 U.S.C. § 9012 ; Seville, 144 F.4th at 743–44.”

Movecorp v. Small Bus. Admin. (D.D.C. 2021). “See 15 U.S.C. § 9012 . On April 2, 2020, the SBA issued an interim final rule (“IFR”), which was published on April 15, 2020 and “outline[d] the key provisions of SBA’s implementation” of the PPP, including certain eligibility requirements.”

Bros. Petroleum, L.L.C. v. United States of Am. (E.D. La. 2021). “” 15 U.S.C. § 9012 . Section 1102(a) of the CARES Act further provides that “[e]xcept as otherwise provided in this paragraph, the Administrator may guarantee covered loans under the same terms, conditions, and processes as a loan made under [Section 7(a)].”

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