FOIA: The Helms Amendment, Global Gag Rule, and Other U.S. Abortion Restrictions

March 6, 2017 – Ongoing

Beginning in March 2017, GJC filed FOIA requests to the State Department, the Department of Health and Human Services (HHS), and USAID to request “information on all emails, internal memos, contracts, grants and awards since November 8, 2016 that discuss or mention the Helms amendment, Global Gag Rule, the ‘Protecting Life in Global Health Assistance’ policy, or other US abortion restrictions on foreign assistance.”

GJC received expedited processing on these requests with State and HHS on the grounds that “failure to obtain requested information…could reasonably be expected to pose an imminent threat to the life or physical safety of an individual”; the USAID request was not granted expedited processing.

State Department timeline (case F-2017-05062):

• March 6, 2017 – Initial request submitted
• May 22, 2017 – Letter received in response to GJC’s appeal, granting expedited processing
• November 3, 2017 – GJC receives responsive documents from the records of the Bureau of Democracy, Human Rights and Labor (DRL)
• December 7, 2017 – GJC files an appeal of the redactions contained in the responsive documents from DRL
• December 13, 2017 – GJC receives responsive documents from the records of the Bureau of International Organization Affairs
• February 16, 2018 – GJC is informed that this request is being processed as part of State’s “FOIA surge project”
• June 2018 – Estimated completion date for a determination on DRL appeal

State Department timeline (case F-2018-02397):

• April 3, 2018 – Initial request submitted & confirmed
• April 19, 2018 – Requester Communications asks GJC to narrow the search terms
• April 23, 2018 – GJC responds with narrowed search terms
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USAID timeline (case F-00137-17):

• March 6, 2017 – Initial request submitted
• June 17, 2017 – Expedited processing denied in response to GJC’s appeal
• August 14, 2017 – USAID estimates first release of documents to be October 2017
• February 9, 2018 – GJC is informed that the first interim release is in clearance

USAID timeline (case number F-00118-18):

• April 3, 2018 –Initial request submitted
• April 4, 2018 –Email received acknowledging receipt and denying expedited processing
• June 4, 2018 –GJC appeals denial of expedited processing

HHS timeline (case 2017-00983-FOIA-OS):

• July 20, 2017 – Initial request submitted
• September 19, 2017 – Letter received in response to GJC’s appeal, granting expedited processing
• February 22, 2018 – GJC is informed that it will take “several months” for HHS’ Office of Global Affairs to review responsive documents

HHS timeline (case 2018-00822-FOIA-OS):

• April 3, 2018– Initial request submitted

Department of Defense timeline (case 18-F-0903):

• April 3, 2018 – Initial request submitted
• May 7, 2018 – Letter received from DoD FOIA office closing this case because the case is not “reasonably described”
• June 8, 2018 – GJC appeals the DoD's no records response

August 19, 2013 – December 9, 2016
Case F-2013-14923

In August 2013, GJC submitted a FOIA request for information on (1) State humanitarian assistance awards to Syria and neighboring countries in FY 2012 and 2013 and (2) State awards, grants, and internal memos pertaining to U.S. funding for efforts aligning with the UK’s Preventing Sexual Violence Initiative (PSVI). After a three-year FOIA process, GJC received documents in December 2016 containing:

• A breakdown of programs funded under the $10 million U.S. PSVI budget
• Internal State Department talking points on U.S. support for PSVI projects
• Declaration on Preventing Sexual Violence in Conflict, adopted in London on April 10-11, 2013
• Memo on Potential Areas for Funding Commitments

Timeline:

• August 19, 2013 – Initial request sent
• February 1, 2016 – Estimated completion date (set by State Dept.)
• December 9, 2016– Responsive documents received

March 3, 2015 – January 10, 2017
Case F-00127-15

GJC petitioned USAID for information on “all USAID contracts, grants and awards related to the funding of the Mae Tao Clinic on the Thai-Burma border to cover operational and support costs since 2008.” This request was part of the August 12^th Campaign, dealing specifically with the services available to rape victims in Burma and those who are displaced to the Thai-Burma border.

Abortion-related sections of USAID contracts (emphasis added):

(1) Ineligible Goods and Services. Under no circumstances shall the recipient procure any of the following under this award:

            (i) Military equipment,

            (ii) Surveillance equipment,

(iii) Commodities and services for support of police or other law enforcement activities,

(iv) Abortion equipment and services,

(v) Luxury goods and gambling equipment, or

(vi) Weather modification equipment

Timeline:

• March 3, 2015– Initial request sent
• January 10, 2017 – Responsive documents received

August 19 – September 26, 2013
Case F-00322-13

GJC requested information on contracts pertaining to USAID humanitarian assistance awards in Syria for FY 2012 and 2013, looking specifically for portions of the awards containing abortion prohibitions

Timeline:

• August 19, 2013 – Initial request sent
• September 6, 2013 – Expedited processing granted
• September 26, 2013 – Responsive documents received

September 23, 2014 – ongoing
CaseF-2014-20299

Similar to the FOIA request on humanitarian assistance in Syria, GJC requested details on humanitarian assistance awards to Iraq and neighboring countries in FY 2014.

Timeline:

• September 23, 2014 – Initial request submitted
• January 18, 2018 – Letter received stating no responsive records were found
• February 16, 2018 – GJC submits an appeal to the no records response, asking State to perform a new search

USAID FOIA re: DRC, Darfur/Sudan, UPR documents, and various NGOs

March 5, 2011 – January 12, 2013
CaseF-00152-12

GJC requested the most recent contracts, grants and agreements between USAID and its offices/subdivisions for:

• Democratic Republic of the Congo
• Darfur/Sudan
• International Medical Corps
• International Rescue Committee
• UNICEF
• Management Sciences for Health
• UPR documents

Timeline:

• May 5, 2011 – Initial request submitted
• May 19, 2011 – Expedited processing granted
• September 29, 2011 – GJC is notified that documents are going through the submitted notification process
• December 12, 2011 – Partial FOIA response received
• January 26, 2012 – GJC appeals to the Department of Justice regarding excessive delays in USAID processing
• February 21, 2012 – GJC receives another partial FOIA response
• March 1, 2012 – GJC receives another partial response
• March 2, 2012 – Third partial response
• March 23, 2012 – Fourth partial response
• January 2, 2013 – Final responsive documents received