Democracy Forward Found. v. SSA, No. 25-03384, 2026 WL 1251617 (D. Md. May 7, 2026) (Gallagher, J.)

Democracy Forward Found. v. SSA, No. 25-03384, 2026 WL 1251617 (D. Md. May 7, 2026) (Gallagher, J.)

Re: Four FOIA requests where defendant assessed plaintiff fees under 42 U.S.C. § 1306(c)

Disposition:  Denying plaintiff’s motion for partial summary judgment

• Litigation Considerations, Jurisdiction; Fees and Fee Waivers, Fees:  The court relates that “Plaintiff argues that the SSA unlawfully failed to waive the fees associated with its FOIA requests and thereby violated FOIA.”  “The SSA counters that Plaintiff may not challenge the denial of its fee waiver requests under FOIA because the SSA did not impose the fees on Plaintiff pursuant to FOIA.”  “Rather, the SSA contends that it imposed fees pursuant to the separate statutory provision, 42 U.S.C. § 1306(c), that it cited in the denial notices.”  The language of that provision states that “‘[n]otwithstanding sections 552 and 552a of Title 5 or any other provision of law, whenever the Commissioner of Social Security or the Secretary determines that a request for information is made in order to assist a party in interest (as defined in section 1002 of Title 29) with respect to the administration of an employee benefit plan (as so defined), or is made for any other purpose not directly related to the administration of the program or programs under this chapter to which such information relates, such Commissioner or Secretary may require the requester to pay the full cost, as determined by such Commissioner or Secretary, of providing such information.’”  “[A]bsent the program purpose exception inapplicable here, § 1306(c) permits the SSA to charge a requester of information the full cost of providing that information, notwithstanding FOIA.”  “[Defendant’s response letter] language makes clear that the SSA imposed fees pursuant to § 1306(c) and its implementing regulation, § 402.80, rather than FOIA and its implementing regulation, § 402.75.”  “The question remains, however, whether FOIA’s judicial review provision encompasses waivers of fees imposed pursuant to § 1306(c).” “That question appears to be one of first impression.”  “FOIA’s judicial review provision states that a ‘district court of the United States . . . has jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant.’”  “Congress also afforded district courts jurisdiction to review fee waiver decisions.” “The qualified language ‘any action by a requester regarding the waiver of fees under this section,’ however, indicates that district courts have jurisdiction to review only those actions concerning the waiver of fees under FOIA itself.”  “Neither fees imposed pursuant to § 1306(c) nor waiver of those fees is governed by FOIA.”  “Rather, Congress stated that those fees apply ‘[n]otwithstanding’ FOIA, see § 1306(c), and that FOIA’s fee provisions do not ‘supersede fees chargeable under a statute specifically providing for setting the level of fees for particular types of records,’ such as § 1306(c), see § 552(a)(4)(A)(vi).”  “Thus, the waiver of fees imposed pursuant to § 1306(c) does not constitute the waiver of fees ‘under this section,’ or FOIA.” “And because Plaintiff challenges the denials of its requests to waive fees that the SSA imposed pursuant to § 1306(c), this action does not constitute ‘an action by a requester regarding the waiver of fees under this section.’”  “FOIA therefore does not grant this Court jurisdiction to review those denials.”  “This Court is not persuaded otherwise by indications in the SSA’s regulations that FOIA authorizes such review.”  “Specifically, the regulation governing waivers of fees imposed pursuant to both § 1306(c) and FOIA provides for appeals of fee waiver decisions and expressly states that ‘[t]he process prescribed in § 402.105 will also apply to these appeals.’”  “Section 402.105, in turn, provides for an administrative appeal process and, citing FOIA’s judicial review provision, § 552(a)(4)(B), further states, ‘Requesters may also ask a U.S. District Court to review our final decision.’”  “The SSA’s own regulations therefore purport to provide judicial review of waiver decisions regarding its fees imposed pursuant to § 1306(c).”  “A regulation, however, cannot grant a federal court jurisdiction when Congress has not done so.”  “And, for the reasons described above, Congress has not, through FOIA, granted district courts jurisdiction to review waiver decisions for fees imposed pursuant to § 1306(c).”  “Because this Court lacks jurisdiction under FOIA to review the denials of fee waivers at issue in this case, Plaintiff is not entitled to summary judgment on Count II.”