Ben Burns (aka Benjamin Bernstein)

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=NARA-NGC-2021-000642&type=request)

* Tracking Number: NARA-NGC-2021-000642
* Requester Name: Claudia Lopez
* Date Submitted: 03/17/2021
* Request Status: Submitted
* Description:
To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Any public and/or is declassified files - including FBI files that were given to NARA - on Ben Burn (born Benjamin Bernstein), the American pioneering editor of black publications (including the Chicago Daily Defender, Ebony, Jet and Negro Digest) and a public relations executive in Chicago. Deceased 2000.

In addition to the public files on Mr. Burns, I am also interested photos, correspondence, surveillance, audio recordings, video, meeting notes, etc,. related to him.

Date range of request: 1945 - 1975.

Requesting information on behalf of One Story Up Productions LLC, with the intention of using the files as research for a documentary film.

Burn's Obituary: https://www.chicagotribune.com/news/ct-xpm-2000-02-02-0002020243-story.html
See page 11 for full obituary

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Claudia Lopez

Attachments:

https://cdn.muckrock.com/outbound_composer_attachments/Claudia/94584/Ben20Burns20Obit.pdf
https://cdn.muckrock.com/outbound_composer_attachments/Claudia/94584/Ben20Burns_FBI20Response_02222021.pdf

Good morning Ms. Lopez,

We received your FOIAonline request for any FBI file on Benjamin Burns (aka
Benjamin Bernstein). I need to refer your request to our Office of
Research Services, Special Access and FOIA, because they handle requests
for archival records that may be restricted such as FBI files. To do this
I had to export your request out of FOIAonline. When I did this, it did
not save the two attachments you attached. Can you please send me by
separate email to my email address below the response letter you received
from the FBI and the copy of Mr. Burns's obituary.

I was able to see his obituary through the online link you provided. It
does not indicate that he would have had any association with other federal
agencies. Archival federal agency records in our custody are not
retrievable by a name alone. FOIA requires the requester to clearly
identify the agency concerned, the type of record, the topic of the record
and a date range for the records. Without this information our Textual
Reference branch cannot do a search for any records other than the FBI
record. FOIA also does not apply to records that are open to researchers.

If you turn up more information about Mr. Burns's association with another
federal agency, you may make a reference request to
archives2reference@nara.gov. You can also search our online catalog by
agency name, subject matter and/or record group number at
www.archives.gov/research.

Please send me the two missing attachments as soon as possible.

Thank you.
Sincerely,

Susan Gillett
Government Information Specialist
Office of General Counsel
National Archives and Records Administration
College Park, MD 20740-6001
susan.gillett@nara.gov

Dear Ms. Lopez:

Thank you for submitting your Freedom of Information Act (FOIA) request to
the National Archives and Records Administration (NARA) via the
*FOIAOnline* website.
We received your request on March 17, 2021. Your request concerns FBI
files.

Our office uses the *FOIAonline* portal for FOIA and Privacy Act requests
for the National Archives and Records Administration's *operational* records
(records created by this agency). Your *FOIAOnline *request is for records
that may be *archival* records (records created by or originated in a
different agency but that may have been transferred to the legal custody of
NARA), to which access is restricted. Therefore, we have forwarded it to
our *Office of Research Services, Special Access and FOIA* (RF) staff who
handle FOIA requests for such archival records.

Since *Research Services* does not process FOIA requests through
*FOIAOnline*, we removed your request from the *FOIAOnline* website. *Special
Access *staff will assign you a new tracking number, and respond directly
to you. In the future, if you need to follow up with that office directly,
please contact them at the address below, or electronically via email
(email is preferred).

The National Archives and Records Administration
Special Access and FOIA Staff (RF)
8601 Adelphi Road, Room 5500
College Park, MD 20740

By phone: 301-837-3190
By fax: 301-837-1864
By email: specialaccess_foia@nara.gov

For your reference, a copy of your request is below. The two attachments
to your FOIAonline request did not transfer when we exported your case
file. In an email on March 18, 2021, I asked you to send me a copy of the
FBI response letter you had attached, but to date, you have not responded.
It will assist Special Access and FOIA in their search if you can email to
them a copy of that letter with the file numbers.

Please visit our website at www.archives.gov/foia for further information
about submitting a FOIA request to NARA. On our main website,
www.archives.gov, you can learn more about the resources we offer to the
public, and you can access our online catalog.

Due to the COVID-19 pandemic, and pursuant to guidance received from the
Office of Management and Budget (OMB), federal agencies have adjusted their
normal operations to balance the need of completing its mission-critical
work while also adhering to the recommended social distancing for the
safety of our staff. As a result of this re-prioritization of activities,
you may experience a delay in receiving a substantive response to your FOIA
request. We apologize for this inconvenience and appreciate your
understanding and patience.

Sincerely,
Susan Gillett
Government Information Specialist
Office of General Counsel
National Archives and Records Administration
College Park, MD 20740-6001
susan.gillett@nara.gov

---------- Forwarded message ---------
From: <admin@foiaonline.gov>
Date: Thu, Mar 18, 2021 at 7:43 AM
Subject: FOIA Request Deletion: NARA-NGC-2021-000642
To: <susan.gillett@nara.gov>

Below is an export of the submitted request information for the FOIA
request NARA-NGC-2021-000642.

- *Name and Address*
- First Name: Claudia
- Middle Initial:
- Last Name: Lopez
- Organization:
- Mailing Address Location: United States/U.S. Territories
- Address Line 1: MuckRock News DEPT MR 109828
- Address Line 2: 411A Highland Ave
- City: Somerville
- State/Province: MA
- Zip/Postal Code: 02144
- *Contact Information*
- E-mail Address: requests@muckrock.com
- Phone Number:
- Fax Number:
- *Agency and Fee Information*
- Assigned Agency: NGC - Office of General Counsel
- Will Pay Up To: $0.00
- *Description*
- To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the
following records:

Any public and/or is declassified files - including FBI files that
were given to NARA - on Ben Burn (born Benjamin Bernstein), the American
pioneering editor of black publications (including the Chicago Daily
Defender, Ebony, Jet and Negro Digest) and a public relations
executive in
Chicago. Deceased 2000.

In addition to the public files on Mr. Burns, I am also interested
photos, correspondence, surveillance, audio recordings, video, meeting
notes, etc,. related to him.

Date range of request: 1945 - 1975.

Requesting information on behalf of One Story Up Productions LLC,
with the intention of using the files as research for a documentary film.

Burn's Obituary:
https://www.chicagotribune.com/news/ct-xpm-2000-02-02-0002020243-story.html
See page 11 for full obituary

The requested documents will be made available to the general public,
and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would
inform me of the total charges in advance of fulfilling my
request. I would
prefer the request filled electronically, by e-mail attachment
if available
or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter.
I look forward to receiving your response to this request within 20
business days, as the statute requires.

Sincerely,

Claudia Lopez

Attachments:

https://cdn.muckrock.com/outbound_composer_attachments/Claudia/94584/Ben20Burns20Obit.pdf

https://cdn.muckrock.com/outbound_composer_attachments/Claudia/94584/Ben20Burns_FBI20Response_02222021.pdf
- *Fee Waiver*
- Fee Waiver Requested: No
- Fee Waiver Reason:
- *Expedited Processing*
- Expedited Processing Requested: No
- Expedited Processing Reason:

Dear Claudia Lopez,

Thank you for your Freedom of Information Act request for records in the
custody of the National Archives and Records Administration. Due to the
COVID-19 pandemic, we are not able to process FOIA requests according to
our normal procedures. We have assigned your request the temporary tracking
number RF-639. When we resume normal operations, we will log requests into
our system in the order they were received. At that time, we will provide
you with a new FOIA tracking number and a more substantive response. We
apologize for this inconvenience and appreciate your understanding and
patience.

Sincerely,
Jason Mincey
Special Access and FOIA Program

Dear Claudia Lopez,

This is in reply to your Freedom of Information Act request, dated March
18, 2021 for records, including FBI files, related to Ben Burns from
1945-1975. Your request was received in this office on March 26, 2021 and
assigned the case number 21-25086.

You request for FBI files has been referred to our Special Access and FOIA
office. They will provide a separate reply. Your requests for photographs,
audio recordings, and video have been referred to our Still Pictures Branch
and our Moving Images and Sound Branch. They will also each provide
separate replies.

The National Archives at College Park, MD may also hold a Department of
Justice case file for Ben Burns. Department of Justice litigation case
files are held in *Record Group 60: General Records of the Department of
Justice*. These records are arranged into numerical classes based on the
infraction of the law involved. Under normal circumstances, we would
conduct a search of our Department of Justice indexes to determine if we
hold a case file for him.

Due to the COVID-19 pandemic and pursuant to guidance received from the
Office of Management and Budget (OMB), NARA has adjusted its normal
operations to balance the need of completing its mission-critical work
while also adhering to the recommended social distancing for the safety of
our staff. As a result of this re-prioritization of activities, we are
unable to provide a substantive response to requests that require us to
consult the records at this time. We apologize for this inconvenience and
appreciate your understanding and patience.

We will continue to process your request when the National Archive resumes
normal operations. For updates on our status, please visit
https://www.archives.gov/coronavirus.

Sincerely,

David Castillo
Archives Specialist
Textual Reference Archives II Branch (RR2RR)
National Archives at College Park, MD
--
David Castillo
Archives Specialist
Textual Reference Archives II Branch (RR2RR)
National Archives at College Park, MD
Phone: (301) 837-0751

Dear Claudia Lopez,

I am writing in response to your Freedom of Information Act request
forwarded to our office today, March 29 2021. Your request has been
assigned FOIA Request Number 21-25533. The records requested included
photographs of Ben Burns taken between 1945 through 1975.

Due to the COVID-19 pandemic, NARA has adjusted its normal operations to
balance the need of completing its mission-critical work while also
adhering to the recommended social distancing for the safety of our staff.
Because of this, our office is not able to process FOIA requests according
to our normal procedures. When we resume normal operations, we will respond
to requests in the order they were received.

We apologize for this inconvenience and appreciate your understanding and
patience. Please visit https://www.archives.gov/coronavirus to stay
up-to-date on the latest information.

William Wade
Supervisory Archivist
Still Picture Branch

Dear Claudia Lopez,

This is in response to your Freedom of Information Act (FOIA) request of March
18, 2021 for records in the custody of the National Archives and Records
Administration. Your request was received by the Moving Image and Sound
Branch on March 20, 2021 and assigned the tracking number 2125522. You
requested any public and/or is declassified files - including FBI files
that were given to NARA - on Ben Burn (born Benjamin Bernstein), the
American pioneering editor of black publications (including the Chicago
Daily Defender, Ebony, Jet and Negro Digest) and a public relations
executive in Chicago. This response is from the Moving Image and Sound
Branch and will apply to audio and video recording in this Branch only.

I have consulted the available records and finding aids in the Moving Image
and Sound Branch and did not locate any videos related to Ben Burns. I
searched on terms Ben Burns, Benjamin Bernstein, Chicago Daily Tribune, Jet
magazine, Ebony and Negro Digest.

I did find one item which may be of related interest: this item is fully
open. This item has not been scanned and we do not currently have any
reference copies.

Videorecording "John Sengstacke: The Chicago Daily Defender", an episode of
a series "Newscasters" filed in Record Group 517, the Records of the US
Global Media Agency, local identifier 517-BBG-30917
<https://catalog.archives.gov/id/77175992>

This recording is from 1985 and is described as follows "In this episode,
Sengstacke, the president of America's largest black newspaper chain, is a
crusading journalist and a civic leader. He explains the mission of the
black press, and its contributions to the community, the nation, and the
world. He also reminisces about his role as advisor to presidents, where he
was instrumental in desegregating the US armed services and getting FDR to
appoint the first black white house correspondent. The producers of this
video are Sai Productions and Dr. Charles Sterin."

Due to the coronavirus public health emergency, the National Archives at
College Park will be closed to the public until further notice. The Moving
Image and Sound Branch has temporarily suspended all reproduction services
for motion picture, sound and video holdings. Additional information
regarding the National Archives response to the coronavirus public health
emergency, and updates on our status can be found here:
https://www.archives.gov/coronavirus and here:
https://www.archives.gov/research/motion-pictures

We do not consider this response a denial under the Freedom of Information
Act. However, if you are not satisfied with our action on this request,
your options for appeal and dispute resolution are outlined in the attached
enclosure. You may appeal, in writing, within 90 days of the date of this
letter. Address your appeal to the Deputy Archivist of the United States,
National Archives at College Park, 8601 Adelphi Road, College Park,
Maryland, 20740, and explain why you think our search does not meet the
requirements of the FOIA. Please indicate that yours is a FOIA appeal and
refer to your case number on both the envelope and the letter.
Alternatively, you may e-mail your appeal to foia@nara.gov. Please note
"Freedom of Information Act appeal" in the subject line of your e-mail and
be sure to include your case number.

Please contact me with any additional questions regarding your request.

With Best Regards,
--
Ellen Mulligan, Supervisory Archivist
Moving Image and Sound Branch
National Archives and Records Administration
8601 Adelphi Road Room 3360
College Park, MD 20740-6001
ellen.mulligan@nara.gov

---------- Forwarded message ---------
From: David Castillo <david.castillo@nara.gov>
Date: Mon, Mar 29, 2021 at 2:50 PM
Subject: Fwd: [21-25086] Freedom of Information Act Request - Claudia Lopez
To: <mopix@nara.gov>

Hi-

Please see below a FOIA request from Claudia Lopez for records relating to
Ben Burns and RR2RR's response. She also requested audio and video
recordings, so we're referring this to you.

Thanks!

David

---------- Forwarded message ---------
From: David Castillo <david.castillo@nara.gov>
Date: Mon, Mar 29, 2021 at 2:48 PM
Subject: Re: [21-25086] Freedom of Information Act Request - Claudia Lopez
To: <requests@muckrock.com>

Dear Claudia Lopez,

This is in reply to your Freedom of Information Act request, dated March
18, 2021 for records, including FBI files, related to Ben Burns from
1945-1975. Your request was received in this office on March 26, 2021 and
assigned the case number 21-25086.

You request for FBI files has been referred to our Special Access and FOIA
office. They will provide a separate reply. Your requests for photographs,
audio recordings, and video have been referred to our Still Pictures Branch
and our Moving Images and Sound Branch. They will also each provide
separate replies.

The National Archives at College Park, MD may also hold a Department of
Justice case file for Ben Burns. Department of Justice litigation case
files are held in *Record Group 60: General Records of the Department of
Justice*. These records are arranged into numerical classes based on the
infraction of the law involved. Under normal circumstances, we would
conduct a search of our Department of Justice indexes to determine if we
hold a case file for him.

Due to the COVID-19 pandemic and pursuant to guidance received from the
Office of Management and Budget (OMB), NARA has adjusted its normal
operations to balance the need of completing its mission-critical work
while also adhering to the recommended social distancing for the safety of
our staff. As a result of this re-prioritization of activities, we are
unable to provide a substantive response to requests that require us to
consult the records at this time. We apologize for this inconvenience and
appreciate your understanding and patience.

We will continue to process your request when the National Archive resumes
normal operations. For updates on our status, please visit
https://www.archives.gov/coronavirus.

Sincerely,

David Castillo
Archives Specialist
Textual Reference Archives II Branch (RR2RR)
National Archives at College Park, MD

On Thu, Mar 25, 2021 at 11:09 AM RDT2 Assignments <
textual.assignments@nara.gov> wrote:

>
> ADMINISTRATIVE DETAILS:
> EMAIL: requests@muckrock.com
> DUE DATE: 4/8/2021
> ASSIGNED TO: Castillo
> APPEAL LANGUAGE: yes
> FEE WAIVER DENIAL: no
> EXPEDITED PROCESSING DENIAL: no
>
> ---------- Forwarded message ---------
> From: Jason Mincey <jason.mincey@nara.gov>
> Date: Tue, Mar 23, 2021 at 1:53 PM
> Subject: Fwd: FOIA Request Deletion: NARA-NGC-2021-000642
> To: College Park Textual Reference Inquire <Archives2reference@nara.gov>
>
>
> Hello,
>
> I am forwarding this request to your office for a response, the
> requester's email address is requests@muckrock.com. RF
> will conduct an FBI search.
>
> Thanks,
> Jason Mincey
>
> ---------- Forwarded message ---------
> From: Susan Gillett <susan.gillett@nara.gov>
> Date: Tuesday, March 23, 2021 at 9:54:36 AM UTC-4
> Subject: Fwd: FOIA Request Deletion: NARA-NGC-2021-000642
> To: requests@muckrock.com <
> requests@muckrock.com>
> Cc: Special Access and FOIA e-mail <specialaccess_FOIA@nara.gov>
>
>
> Dear Ms. Lopez:
>
> Thank you for submitting your Freedom of Information Act (FOIA) request to
> the National Archives and Records Administration (NARA) via the
> *FOIAOnline* website. We received your request on March 17, 2021. Your
> request concerns FBI files.
>
> Our office uses the *FOIAonline* portal for FOIA and Privacy Act requests
> for the National Archives and Records Administration's *operational* records
> (records created by this agency). Your *FOIAOnline *request is for
> records that may be *archival* records (records created by or originated
> in a different agency but that may have been transferred to the legal
> custody of NARA), to which access is restricted. Therefore, we have
> forwarded it to our *Office of Research Services, Special Access and FOIA*
> (RF) staff who handle FOIA requests for such archival records.
>
> Since *Research Services* does not process FOIA requests through
> *FOIAOnline*, we removed your request from the *FOIAOnline* website. *Special
> Access *staff will assign you a new tracking number, and respond directly
> to you. In the future, if you need to follow up with that office directly,
> please contact them at the address below, or electronically via email
> (email is preferred).
>
> The National Archives and Records Administration
> Special Access and FOIA Staff (RF)
> 8601 Adelphi Road, Room 5500
> College Park, MD 20740
>
> By phone: 301-837-3190 <(301)%20837-3190>
> By fax: 301-837-1864 <(301)%20837-1864>
> By email: specialaccess_foia@nara.gov
>
> For your reference, a copy of your request is below. The two attachments
> to your FOIAonline request did not transfer when we exported your case
> file. In an email on March 18, 2021, I asked you to send me a copy of the
> FBI response letter you had attached, but to date, you have not responded.
> It will assist Special Access and FOIA in their search if you can email to
> them a copy of that letter with the file numbers.
>
> Please visit our website at www.archives.gov/foia for further information
> about submitting a FOIA request to NARA. On our main website,
> www.archives.gov, you can learn more about the resources we offer to the
> public, and you can access our online catalog.
>
> Due to the COVID-19 pandemic, and pursuant to guidance received from the
> Office of Management and Budget (OMB), federal agencies have adjusted their
> normal operations to balance the need of completing its mission-critical
> work while also adhering to the recommended social distancing for the
> safety of our staff. As a result of this re-prioritization of activities,
> you may experience a delay in receiving a substantive response to your FOIA
> request. We apologize for this inconvenience and appreciate your
> understanding and patience.
>
> Sincerely,
> Susan Gillett
> Government Information Specialist
> Office of General Counsel
> National Archives and Records Administration
> College Park, MD 20740-6001
> susan.gillett@nara.gov
>
>
>
>
>
>
> ---------- Forwarded message ---------
> From: <admin@foiaonline.gov>
> Date: Thu, Mar 18, 2021 at 7:43 AM
> Subject: FOIA Request Deletion: NARA-NGC-2021-000642
> To: <susan.gillett@nara.gov>
>
>
> Below is an export of the submitted request information for the FOIA
> request NARA-NGC-2021-000642.
>
>
> - *Name and Address*
> - First Name: Claudia
> - Middle Initial:
> - Last Name: Lopez
> - Organization:
> - Mailing Address Location: United States/U.S. Territories
> - Address Line 1: MuckRock News DEPT MR 109828
> - Address Line 2: 411A Highland Ave
> - City: Somerville
> - State/Province: MA
> - Zip/Postal Code: 02144
> - *Contact Information*
> - E-mail Address: requests@muckrock.com
> - Phone Number:
> - Fax Number:
> - *Agency and Fee Information*
> - Assigned Agency: NGC - Office of General Counsel
> - Will Pay Up To: $0.00
> - *Description*
> - To Whom It May Concern:
>
> Pursuant to the Freedom of Information Act, I hereby request the
> following records:
>
> Any public and/or is declassified files - including FBI files that
> were given to NARA - on Ben Burn (born Benjamin Bernstein), the American
> pioneering editor of black publications (including the Chicago Daily
> Defender, Ebony, Jet and Negro Digest) and a public relations executive in
> Chicago. Deceased 2000.
>
> In addition to the public files on Mr. Burns, I am also interested
> photos, correspondence, surveillance, audio recordings, video, meeting
> notes, etc,. related to him.
>
> Date range of request: 1945 - 1975.
>
> Requesting information on behalf of One Story Up Productions LLC,
> with the intention of using the files as research for a documentary film.
>
> Burn's Obituary:
> https://www.chicagotribune.com/news/ct-xpm-2000-02-02-0002020243-story.html
> See page 11 for full obituary
>
> The requested documents will be made available to the general
> public, and this request is not being made for commercial purposes.
>
> In the event that there are fees, I would be grateful if you would
> inform me of the total charges in advance of fulfilling my request. I would
> prefer the request filled electronically, by e-mail attachment if available
> or CD-ROM if not.
>
> Thank you in advance for your anticipated cooperation in this
> matter. I look forward to receiving your response to this request within 20
> business days, as the statute requires.
>
> Sincerely,
>
> Claudia Lopez
>
> Attachments:
>
>
> https://cdn.muckrock.com/outbound_composer_attachments/Claudia/94584/Ben20Burns20Obit.pdf
>
> https://cdn.muckrock.com/outbound_composer_attachments/Claudia/94584/Ben20Burns_FBI20Response_02222021.pdf
> - *Fee Waiver*
> - Fee Waiver Requested: No
> - Fee Waiver Reason:
> - *Expedited Processing*
> - Expedited Processing Requested: No
> - Expedited Processing Reason:
>
>

--
David Castillo
Archives Specialist
Textual Reference Archives II Branch (RR2RR)
National Archives at College Park, MD
Phone: (301) 837-0751

--
David Castillo
Archives Specialist
Textual Reference Archives II Branch (RR2RR)
National Archives at College Park, MD
Phone: (301) 837-0751

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.

Dear Claudia Lopez,

This is in further response to your FOIA request regarding records
relating to Ben Burns. An interim response was provided to you on March 29,
2021.

We searched the General Index to Litigation Case Files, 1904 - 1951
<https://catalog.archives.gov/id/1882794> (Entry A1 110-A) and the Internal
Security Index, 1930 - 1979 <https://catalog.archives.gov/id/729763> (Entry
A1 1011) in *Record Group 60: General Records of the Department of Justice*.
We did not locate any Department of Justice case files responsive to your
request.

We do not consider this a denial of your FOIA request. However, if you are
not satisfied with our action on this request, your options for appeal and
dispute resolution are outlined in the attachment. If you have any
questions, you may reach us at archives2reference@nara.gov.

This completes the processing of your request.

Sincerely,

David Castillo
Archives Specialist
Textual Reference Archives II Branch (RR2RR)
National Archives at College Park, MD
--
David Castillo
Archives Specialist
Textual Reference Archives II Branch (RR2RR)
National Archives at College Park, MD
Phone: (301) 837-0751

Dear Ms. Lopez,

I am writing in further response to your Freedom of Information Act request
dated March 18, 2021 for records in the custody of the National Archives
and Records Administration. Your request was received in this office on
March 29, 2021 and assigned the FOIA Case Number 21-25533.

Your request indicated that you are interested in photographs of Ben Burns
(born Benjamin Bernstein) taken between 1945-1975. We conducted a search in
the Records of the Federal Bureau of Investigation (Record Group 65) and
the Records of the U.S. Information Agency (Record Group 306).
Unfortunately, we were unable to locate any related images within our
holdings. Your request was also forwarded to our Textual Records Division
who will respond separately.

This completes the processing of your request. If you have any questions, the
Still Picture Reference Team will be happy to assist you. Written
inquiries may be directed to the Still Picture Reference Team, RDSS, Room
5360, National Archives and Records Administration, 8601 Adelphi Road,
College Park, Maryland 20740-6001. Our phone number is 301-837-0561 and
fax 301-837-3621. We can also be reached by e-mail at stillpix@nara.gov.

We do not consider this a denial of your FOIA request. However, if you are
not satisfied with our action on this request, your options for appeal and
dispute resolution are outlined in the attached document.

Sincerely,

William Wade

Supervisory Archivist

Special Media Records Division

Dear Claudia Lopez:

I am writing in response to your Freedom of Information Act (FOIA) request
of March 17, 2021 for records in the custody of the National Archives and
Records Administration. Your request was received in this office on March
23, 2021 and assigned FOIA tracking number RD 65357, interim tracking
number RF-639.

You requested FBI case files related to Ben Burn / Benjamin Bernstein. We
conducted a search of all available indexes transferred to the National
Archives for Ben Burn / Benjamin Bernstein and identified 1 FBI case file
responsive to your request in our holdings:

1.

FBI file number 31-HQ-76230. Our initial assessment is that Benjamin
Bernstein is the subject of the records, compiled as part of a White
Slave Traffic Act (Classification 31) investigation, created on February
10, 1950, and consisting of 4 pages.

We completed a line-by-line review of the records you requested. Please be
advised, we have considered the foreseeable harm standard when reviewing
records and applying FOIA exemptions for this request. Information was
released to the greatest extent possible. Below is a summary of our review:

Records Requested

Total Pages

Pages Released in Full

Pages Released in Part

Pages Withheld in Full

31-HQ-76230

4

2

2

0

We withheld information protected under section (b) of the FOIA (5 U.S.C.
552). The specific reasons for the denials are:

TYPE OF INFORMATION WITHHELD

FOIA EXEMPTION

personal privacy of living individuals

(b)(6)

Attached is a complimentary reproduction of the records for your use.

If you are not satisfied with my action on this request, you have the right
to file an administrative appeal within ninety (90) calendar days from the
date of this letter. Appeals must be in writing and may be delivered by
regular U.S. mail or by email. By filing an appeal, you preserve your
rights under the Freedom of Information Act and present the deciding agency
with an opportunity to review your request and reconsider its decision. If
you submit your appeal by regular mail, it should be addressed to the
Deputy Archivist of the United States (ND), National Archives and Records
Administration, 8601 Adelphi Road, Room 4200, College Park, Maryland
20740-6001. Both the letter and envelope should be clearly marked “FOIA
Appeal.” If you submit your appeal by email, please send it to foia@nara.gov,
addressed to the Deputy Archivist, with the words “FOIA Appeal” in the
subject line. If you exercise your right to appeal, please explain why you
believe this response does not meet the requirements of the Freedom of
Information Act. All communications concerning this request should
reference your FOIA tracking number.

If you would like the opportunity to discuss my response and attempt to
resolve your dispute without initiating the appeals process, you may
contact our FOIA Public Liaison for assistance:

Accessioned Executive Branch Records – Washington, DC Area

FOIA Requester Service Center: 301-837-3190

FOIA Public Liaison: Rebecca Calcagno

8601 Adelphi Road, Room 5500

College Park, MD 20740-6001

dc.foia.liaison@nara.gov

301-837-3190

You may also contact the Office of Government Information Services (OGIS),
the Federal FOIA Ombudsman’s office, for assistance. OGIS 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: ogis@nara.gov

https://www.archives.gov/ogis

Phone: 202-741-5770 or 1-877-684-6448

This concludes the processing of your request. If you have questions
concerning our review, please contact me directly.

Sincerely,

Brigitte Flynn

Archives Specialist

Special Access and FOIA Program (RF)

National Archives at College Park, MD

https://www.archives.gov/research/foia