FBI RELEASES DETAILS ON PLA UNIT COSTIND
FOUND AT THE COMMERCE DEPT.



UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF VIRGINIA

CHARLES R. SMITH,
       Plaintiff,
       V.

DEPARTMENT OF COMMERCE,

      Defendant.

Civil Action No. 3:98cv716

                 DECLARATION OF SCOTT A. HODES

     I, Scott A. Hodes, declare as follows:

          (1) I am an attorney-advisor of the Federal Bureau of
Investigation (FBI). I am currently assigned as the Acting Chief
of the Litigation Unit, Freedom of Information-Privacy Acts
(FOIPA) Section, Office of Public and Congressional Affairs at
FBI Headquarters (FBIHQ).

          (2) Due to the nature of my official duties, I am
familiar with the procedures followed by the FBI in responding
to requests for information from its files received pursuant to
the Provisions of 5 U.S.C. 552, commonly known as the Freedom of
Information Act (FOIA) and 5 U.S.C. 552a, commonly known as the
Privacy Act (PA).

           (3) My responsibilities also include the review of
FBI information for classification purposes as mandated by

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Executive Order (EO) 12958[1], and the preparation of
affidavits/declarations in support of Exemption One claims
asserted under the FOIA[2]. I have been designated by the
Attorney General of the United States as an original Top Secret
classification authority and a declassification authority
pursuant to EO 12958, Section 1.4 and 3.2.

          (4) The purpose of this declaration is to inform the
Court of the FBI's classification review and determination of
one document referred to the FBI by the Department of Commerce.
The Department of Commerce referred to the FBI 3 pages (Cover
page and pages 17-18) of an FBI document for a classification
review pursuant to EO 12958. The document is 1 of 18 documents
submitted to the Court by the Department of Commerce for an in
camera inspection. This document is described as an FBI report
dated April, 1995, and designated by the Department of Commerce
as document # 98-02018-OSY1-001, originated and classified
"Secret" by the FBI. Portions of the document contain
information responsive to plaintiff's request for Department of
Commerce records on the subject,

60 Fed. Reg. 19825 (1995).
5 U.S.C. 552 (b)(1).

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China's Commission of Science, Technology, and Industry for
National Defense or COSTIND.

          (5) I reviewed the information contained in the 3 pages
of the above described document, and I determined that only
paragraph 2 on page 17 and paragraph 3 on page 18 are
responsive to plaintiffs request. I reviewed the information
withheld in paragraph 2 on page 17 and in paragraph 3 on page
18 pursuant to the provisions of EO 12958. My review
determined the information withheld in paragraph 2 on page 17
and paragraph 3 on page 18 no longer warrants classification.
Therefore, I declassified paragraph 2 on page 17 and paragraph
3 on page 18 and those portions will now be released to the
plaintiff.

          (6) The remaining portions of page 17 and page 18, as
well as the cover page are not within the scope of plaintiff's
request.    Furthermore, these portions remain classified
"Secret".    As these portions do not concern COSTIND, I am not
addressing them at this time.
==============================================================

           I declare under penalty of perjury that the foregoing
is true and correct.

Executed this 1st day of June, 1999
Scott A. Hodes
Attorney/Acting Unit Chief
Federal Bureau of Investigation
Washington D.C.

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