Around the time of the investigative reporting that occurred regarding the IRS using ID.me as their identity proofing provider [0], I filed a Freedom of Information Act request [1] (or FOIA) with the Social Security Administration for documents and artifacts associated with their relationship with ID.me. I had requested they waive their fees, as I believed the information requested was in the public interest ("When Login.gov existed, why is the Social Security Administration not using Login.gov versus having a private contract with ID.me?") I was told they would not waive their fees, as I had not demonstrated releasing this information was in the public interest. I appealed, and recently received a response [2] that they were invoking 42 USC §1106(c) of the Social Security Act [3]:

"(c) Notwithstanding sections 552 and 552a of title 5, United States Code[11], 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 3 of the Employee Retirement Income Security Act of 1974[12] (29 U.S.C. 1002)) 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 Act to which such information relates*, such Commissioner or Secretary may require the requester to pay the full cost, as determined by the such Commissioner or Secretary, of providing such information."

(emphasis mine)

I'm unsure if the above section was invoked due to the House Committee on Oversight and Reform currently investigating ID.me [4] [5], or if invoking this clause is legitimate for such a request. I believed when making the request that this was very much in the public interest.

If I want to continue with this information request, it will cost me about $3,000 in FOIA search fees [6]. I'm not asking for funds, but rather to seek feedback if continuing on this endeavor might surface material information on the topic that is in the public interest.

Thank you for your time.

[0] https://www.vice.com/en/article/z3nqy9/irs-stop-id-me-facial-recognition

[1] https://www.muckrock.com/foi/united-states-of-america-10/idme-documents-and-data-social-security-administration-122226/

[2] https://s3.documentcloud.org/documents/22077251/ssa-2022-004211-final-fee-waiver-appeal-response-letter-7-1-22.pdf

[3] https://www.ssa.gov/OP_Home/ssact/title11/1106.htm

[4] https://epic.org/congress-begins-investigation-into-face-verification-vendor-id-me/

[5] https://oversight.house.gov/sites/democrats.oversight.house.gov/files/2022-04-14.CBM%20JEC%20to%20Hall-ID.me%20re%20Use%20of%20FRT.pdf

[6] https://s3.documentcloud.org/documents/22120983/ssa-2022-003354-gallbraith-fee-notice.pdf