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Testimony before the Subcommittee on Homeland Security, Committee on 
Appropriations, House of Representatives: 

United States Government Accountability Office: 

GAO: 

For Release on Delivery Expected at 10:00 a.m. EDT: 

Thursday, March 29, 2007: 

Anthrax Detection: 

DHS Cannot Ensure That Sampling Activities Will Be Validated: 

Statement of Keith Rhodes, Chief Technologist, Center for Technology 
and Engineering: 
Applied Research and Methods: 

GAO-07-687T: 

GAO Highlights: 

Highlights of GAO-07-687T, a testimony before the Subcommittee on 
Homeland Security, Committee on Appropriations, House of 
Representatives 

Why GAO Did This Study: 

In September and October 2001, contaminated letters laced with Bacillus 
anthracis were sent through the mail to two U.S. senators and members 
of the media. Postal facilities in New Jersey, Washington, D.C., and 
elsewhere became heavily contaminated. The anthrax incidents 
highlighted major gaps in civilian preparedness to detect anthrax 
contamination in buildings. GAO was asked to describe and assess 
federal agencies’ activities to detect anthrax in postal facilities, 
assess the results of agencies’ testing, and assess whether agencies’ 
detection activities were validated. 

What GAO Found: 

Federal agencies conducted several sampling activities, including 
developing a sampling strategy and collecting, transporting, 
extracting, and analyzing samples. They primarily collected samples 
from specific areas, such as mail processing areas, using their 
judgment about where anthrax would most likely be found—that is, 
targeted sampling. The agencies did not use probability sampling, which 
would have allowed agencies to determine, with some defined level of 
confidence, when all results are negative, whether a building is 
contaminated. The results of the agencies’ testing in 286 postal 
facilities were largely negative—no anthrax was detected. However, 
agencies did not use validated sample collection and analytical 
methods. Thus, there can be little confidence in negative results. With 
a validated process, agencies and the public could be reasonably 
confident that any test results generated by that process would be 
reliable. The Department of Homeland Security (DHS) is the principal 
agency responsible for coordinating the federal response. Thus, in its 
2005 report, GAO recommended that the Secretary of Homeland Security 
develop a coordinated approach to improve the overall process for 
detecting anthrax and increase confidence in negative test results 
generated by that process. DHS stated that while it has overall 
responsibility for coordinating the federal response during future 
biological attacks, other agencies have the lead responsibility for 
validation. Therefore, uncertainty over which agency would take the 
lead role—that is, who is in charge—in improving the overall process 
for detecting anthrax, including validation of the methods, continued 
after GAO issued its report. On the basis of these uncertainties, GAO 
recommended in its May 9, 2006, testimony that DHS’s approach to 
validating the overall process start with a strategic plan that would 
include a road map outlining how individual agencies’ efforts would 
lead to the validation of the individual activities as well as the 
overall process, noting that such a plan would assist DHS in monitoring 
progress and measuring agency performance toward improving the 
detection of anthrax and other prioritized threat agents. While DHS 
generally agreed with these recommendations, it stated that it cannot 
ensure validation studies would be done, since “there are legal 
limitations in DHS authority to direct the activities of other 
agencies.” Also, since validation would require a sustained effort over 
a long period, DHS noted that it could not mandate commitment of other 
agencies’ funds, over which it has no control. Until responsibility is 
accepted for ensuring that sampling activities will be validated, the 
fate of the validation process will remain uncertain. Without 
validation, if another anthrax attack were to occur tomorrow, federal 
civilian agencies would not be able to conclude with any given level of 
statistical confidence, in cases of negative results, that a building 
is free of contamination. 

What GAO Recommends: 

GAO is not making any new recommendations. 

[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-07-687T]. 

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact Keith Rhodes at (202) 512-
6412 or rhodesk@gao.gov. 

[End of section] 

Mr. Chairman and Members of the Subcommittee: 

We are pleased to be here today to discuss our findings on anthrax 
detection testing. The threat of bioterrorism has been recognized for a 
considerable time. Long before the anthrax attacks of 2001, several 
hoax letters indicating the presence of anthrax had been mailed to 
federal and state agencies, as well as to private sector organizations. 
These events raised the possibility that facilities could become 
contaminated and would therefore have to be evaluated for environmental 
contamination. However, federal agencies were not fully prepared to 
deal with environmental contamination--that is, anthrax released 
through the mail--including the potential for multiple dispersals in 
indoor environments. 

In September and October 2001, contaminated letters laced with Bacillus 
anthracis were sent through the mail to two U.S. senators, Thomas 
Daschle and Patrick Leahy, and members of the media.[Footnote 1] The 
postal facilities in New Jersey and Washington, D.C., that processed 
the senators' letters became heavily contaminated. Other mail routed 
through these facilities, as well as additional facilities in the 
postal network, also became contaminated. In addition, numerous federal 
facilities in the Washington, D.C., area were later found to be 
contaminated. The letters led to the first cases of anthrax disease 
related to bioterrorism in the United States. In all, 22 individuals 
contracted anthrax disease in four states--Connecticut, Florida, New 
Jersey, and New York--as well as in Washington, D.C. Five of these 22 
individuals died. 

The anthrax incidents in September and October 2001 highlighted major 
gaps in civilian preparedness to detect and respond. In today's 
testimony, I will discuss our findings concerning anthrax sampling 
activities, recommendations we made, and a major issue we identified-- 
the Department of Homeland Security (DHS) cannot ensure and guarantee 
that sampling activities will be validated. 

In developing this testimony, we relied on our prior work.[Footnote 2] 
We conducted our review in accordance with generally accepted 
government auditing standards. 

Results in Brief: 

Federal agencies responsible for responding to the 2001 anthrax 
incidents adopted a targeted sampling strategy that they based on their 
best judgment at the time. They primarily collected samples from 
specific areas, such as mail-processing areas, using their judgment 
about where anthrax would most likely be found. Such judgments can be 
effective in some situations--for example, in determining whether a 
facility is contaminated when information on the source of potential 
contamination is definitive. However, in the case of a negative 
finding, when the source of potential contamination is not definitive, 
the basic question--Is this building contaminated?--will remain 
unanswered. Therefore, in the case of a negative result, a different 
strategy, probability sampling, is needed. Probability sampling would 
have allowed agencies to determine whether the building was 
contaminated with some defined level of confidence. 

The federal agencies--CDC, EPA, and USPS--involved in sampling the 
postal facilities in 2001 to detect anthrax undertook several 
activities. These included development of a sampling strategy followed 
by collection of samples using a variety of methods, transporting and 
extracting, and analysis of the samples. Neither these activities nor 
the overall process was validated for anthrax testing. Consequently, 
the agencies were challenged by the limited information available for 
reliably choosing one method over another and the lack of information 
on the detection limit to use when evaluating negative results. 

The results of the CDC, EPA, and USPS testing in 286 postal facilities 
were largely negative.[Footnote 3] Of the 286 facilities, 23 tested 
positive. For 2 of these 23 facilities, test results were negative at 
first but positive on a subsequent testing. However, in 1 of these 
facilities--the Wallingford, Connecticut, facility--it was not until 
the fourth testing that positive results were obtained. 

The federal agencies' activities to detect anthrax contamination were 
not validated. Without validation, the sampling activities could have 
been based on false assumptions. 

For example, the lack of validated sample collection methods means that 
it is not known how many spores a particular method will collect from a 
surface and, thus, which method is appropriate for a given situation. 
Using an ineffective method or procedure could result in a finding of 
no contamination when in fact there is contamination--a false negative. 

Validating the overall process, as well as the individual activities, 
is important because operational and health-related decisions are made 
on the basis of testing results generated by that process. In addition, 
validation would offer assurance that the results of using a particular 
method, which is part of that process, are robust enough to be 
reproduced, regardless of which agency, contractor, or laboratory is 
involved. Thus, agencies and the public could be reasonably confident 
that any test results generated by a process that includes that method 
would be reliable and, in particular, that any negative results would 
mean that a sample was free from contamination (within the method's 
limits of detection). 

Given the lack of validated methods for detecting anthrax contamination 
in facilities, we recommended that the Secretary of Homeland Security 
develop a coordinated approach to (1) improve the overall process for 
detecting anthrax and (2) increase confidence in negative test results 
generated by that process. This approach would include working with 
agencies to ensure that appropriate validation studies of the overall 
process of sampling activities, including the methods, are conducted. 
Specifically, we recommended that the Secretary: 

1. take a lead role in promoting and coordinating the activities of the 
various agencies that have the technical expertise related to 
environmental testing; 

2. ensure that a definition of validation is developed and agreed on; 

3. guarantee that the overall process of sampling activities, including 
methods, is validated so that performance characteristics, including 
limitations, are clearly understood and results can be correctly 
interpreted; 

4. see that appropriate investments are made in empirical studies to 
develop probability-based sampling strategies that take into account 
the complexities of indoor environments; 

5. ensure that appropriate, prioritized investments are made for all 
biothreat agents; and: 

6. make sure that agency policies, procedures, and guidelines reflect 
the results of such efforts.[Footnote 4] 

When we issued our report, CDC, DHS, and USPS agreed with our 
conclusion--that methods for detecting anthrax contamination in 
facilities were not validated--and with the thrust of our 
recommendations--calling for a coordinated, systematic effort to 
validate the methods to be used for such testing. But they (1) 
disagreed with or expressed concern about our conclusions or the 
recommendation dealing with targeted versus probability sampling, (2) 
emphasized that validated testing methods for anthrax were not 
available in 2001 and that federal and state organizations did the best 
they could under the circumstances, and (3) identified factors or 
issues that need to be considered in validating testing methods. 

In addition, uncertainty over which agency would take the lead role-- 
that is, who is in charge--in improving the overall process for 
detecting anthrax, and how studies were to be funded, continued after 
we issued our report. DHS stated that while it has overall 
responsibility for coordinating the federal response during future 
biological attacks, EPA had the "primary responsibility for 
establishing the strategies, guidelines, and plans for the recovery 
from a biological attack," while the Department of Health and Human 
Services (HHS) had the lead role for any related public health response 
and guidelines. DHS also stated that it coordinated regularly with 
EPA's National Homeland Research Center to exchange information on 
research needs and to discuss priorities and gaps for a wide range of 
security-related research areas. DHS stated that it would coordinate 
with EPA to ensure that appropriate investments were made to explore 
improved sampling. However, it is unclear to us how DHS would ensure 
that appropriate prioritized investments are made for all biothreat 
agents and how such priorities and gaps would be addressed. 

On the basis of these uncertainties, we recommended in our May 9, 2006, 
testimony that DHS's approach to validating the overall process start 
with a strategic plan that includes a road map outlining how individual 
agencies' efforts would lead to the validation of the individual 
activities as well as the overall process, noting that such a plan 
would assist DHS in monitoring progress and measuring agency 
performance toward improving the detection of anthrax and other 
prioritized threat agents.[Footnote 5] 

On May 19, 2006, DHS officials stated that DHS cannot ensure and 
guarantee that validation studies would be done, since this is a shared 
responsibility among different agencies. DHS stated that "there are 
legal limitations in DHS authority to direct the activities of other 
agencies." Also, since validation would require a sustained effort over 
a long period, these officials noted that they could not mandate 
commitment of other agencies' funds, because of legal and budgetary 
limitations. 

DHS officials told us in July 2006 that they recognize that DHS is the 
principal agency responsible for coordinating the federal response and 
they would work with a good faith effort toward developing a strategy 
for validation studies and a road map by the end of calendar year 2006, 
outlining how individual agencies' efforts would lead to the validation 
of the overall sampling process. On March 27, 2007, DHS told us that it 
had developed a working draft of the strategic plan and the road map by 
December 2006 but it could not share these with us because they were 
not final.[Footnote 6] 

Until responsibility is accepted for ensuring that sampling activities 
will be validated, the fate of the validation process will remain 
uncertain. Without validation, if another anthrax attack were to occur 
tomorrow, federal civilian agencies would not be able to conclude with 
any given level of statistical confidence, in cases of negative 
results, that a building is free of contamination. 

Background: 

In October 2001, an American Media Incorporated employee died from 
inhalation anthrax disease. In the same month, contaminated letters 
laced with Bacillus anthracis, or anthrax spores, were sent through the 
mail to Senators Thomas Daschle and Patrick Leahy. The response to the 
incident in the American Media Incorporated building in Florida in 
September 2001 led to the identification of mail as the potential 
source of contamination; eventually, it led to the sampling of the 
postal facilities. The agencies began sampling on October 12, 2001, in 
Florida and stopped on April 21, 2002, when the Wallingford, 
Connecticut, facility was sampled for the last time. The letters led to 
the first cases of anthrax disease related to bioterrorism in the 
United States. In all, 22 individuals contracted anthrax disease in 
Connecticut, Florida, New Jersey, and New York, as well as in 
Washington, D.C., and 5 died. 

The federal agencies involved in the response in the postal facilities 
have different responsibilities. CDC and state and local health 
departments primarily provided public health advice and assistance to 
USPS. CDC has primary responsibility for national surveillance of 
specific diseases, including anthrax; it also conducts epidemiologic 
investigations to determine, among other things, the source of the 
disease, and it participates in environmental sample collection and 
analysis activities. The FBI is responsible for criminal investigations 
involving interstate commerce and the mail and crimes committed on 
federal property. EPA is the nation's lead agency for responding to a 
release of hazardous substances into the environment and subsequent 
decontamination. 

On October 8, 2001, the President created the Office of Homeland 
Security to develop and coordinate a comprehensive national strategy 
for dealing with domestic terrorist threats or attacks. The office, 
which had limited involvement in the 2001 response, was superseded by 
the Homeland Security Act of 2002, which transferred many of its 
functions to DHS, which became operational in 2003. DHS was created by 
combining many previously separate agencies and is assigned a lead role 
in coordinating the efforts of federal agencies that respond to acts of 
terrorism in the United States. 

Major Findings: 

Sampling Strategy: 

The federal agencies primarily used a targeted strategy--they collected 
samples from specific areas considered more likely to be contaminated, 
based on judgments. Such judgments can be effective in some situations-
-for example, in determining whether a facility is contaminated when 
information on the source of potential contamination is definitive. 
However, in the case of a negative finding, when the source of 
potential contamination is not definitive, the basic question--Is this 
building contaminated?--will remain unanswered. 

CDC and USPS officials said that they used a targeted strategy for 
several reasons, including limitations on how many samples could be 
collected and analyzed. They also said that in 2001, they lacked the 
data from empirical research to develop an initial sampling strategy 
that incorporated probability sampling. We disagree with this 
interpretation. Probability sampling is statistically based and does 
not depend solely on empirical criteria regarding the details of 
possible contamination. 

The situation in 2001 was unique, and the agencies were not fully 
prepared to deal with environmental contamination. In the future, if 
the agencies decide to use a targeted rather than a probability 
sampling strategy, they must recognize that they could lose a number of 
days if their targeted sampling produces negative test results. In this 
case, additional samples would have to be collected and analyzed, 
resulting in the loss of critical time for public health interventions. 
This was so at the Wallingford postal facility in the fall of 2001, 
when about 3 weeks elapsed between the time the first sampling took 
place and the results of the fourth testing, which revealed positive 
results. Furthermore, about 5 months elapsed between the time of the 
first sampling event and the time anthrax was found in the Wallingford 
facility's high-bay area. 

Therefore, strategies that include probability sampling need to be 
developed in order to provide statistical confidence in negative 
results. Further, even if information on all the performance 
characteristics of methods is not yet available, a probability sampling 
strategy could be developed from assumptions about the efficiency of 
some of the methods. And even if precise data are not available, a 
conservative, approximate number could be used for developing a 
sampling strategy. This would give agencies and the public greater 
confidence in negative test results than was associated with the 
sampling strategy used in 2001. 

Sampling Methods: 

CDC, EPA, and USPS, the federal agencies involved in sampling the 
postal facilities in 2001 to detect anthrax, undertook several 
activities. These included development of a sampling strategy followed 
by collecting samples, using a variety of methods, and transporting, 
extracting, and analyzing the samples. Neither these activities nor the 
overall process was validated for anthrax testing. Consequently, the 
agencies were challenged by limited information for reliably choosing 
one method over another and by lack of information on the detection 
limit to use when evaluating negative results. 

Federal agencies used different methods for collecting samples. While 
USPS generally used dry swabs to collect samples (the least effective 
method), CDC and EPA used multiple methods--dry swabs, premoistened 
swabs, wet wipes, and a high-efficiency particulate air (HEPA) vacuum-
-in various combinations or alone. 

However, none of the agencies' collection methods were evaluated for 
anthrax detection in environmental samples. In the absence of empirical 
research, agencies had no information available for reliably choosing 
one method over another and no information on the limits of detection 
to use when evaluating negative results. 

Results of Testing: 

The majority of the samples collected from the postal facilities tested 
negative. In all, federal agencies collected about 10,000 samples 
during initial testing. It is interesting that of the 9,807 samples 
that the agencies collected, more than 98 percent, or 9,648, were 
negative; a little more than 1 percent, or 159, were positive. In all, 
286 facilities were tested for anthrax contamination. Of these, 
Brentwood, Trenton, and Morgan were primary facilities; that is, these 
3 facilities processed the original letters containing the anthrax. 

The results of the CDC, EPA, and USPS testing in 286 postal facilities 
were largely negative. Of 286 facilities, 23 tested positive. For 2 of 
these 23 facilities, test results were negative at first but positive 
on a subsequent testing. However, in 1 of these facilities--the 
Wallingford, Connecticut, facility--it was not until the fourth testing 
that positive results were obtained. 

Testing results differed between the primary facilities and 
Wallingford. In the 3 primary facilities, results were positive each 
time a facility was tested, with the important exception of the two 
quick tests in Brentwood. In Wallingford, considered less likely to be 
contaminated, results were positive only on the fourth sampling. These 
results underscore the importance of retesting and cast doubt on the 
efficiency of the judgmental sampling strategy. 

Of the 263 facilities that tested negative, only 9 were sampled more 
than once. A facility in West Trenton tested negative, even though an 
employee had contracted cutaneous anthrax. The facility in West Trenton 
was tested twice by the FBI and once by CDC, during which a total of 57 
samples were collected, with negative results. 

Final, or confirmed, results will be negative if contamination is not 
present in a facility. However, a result can be erroneously negative 
for several other reasons, such as (1) the sampling method was not 
efficient enough, (2) samples were not collected from places where 
contamination was present, (3) not enough samples were collected, (4) 
not enough spores were recovered from the sample material, or (5) 
analysis of the sample extract was not sensitive enough to detect 
anthrax spores that were present. 

Conclusions: 

The agencies that sampled postal facilities in 2001--USPS, CDC, and 
EPA--did not use validated sample collection and analysis methods to 
perform their tests. According to these agencies, validated methods 
were not available at that time. They conducted several interdependent 
activities, including sample strategy development, followed by sample 
collection, transportation, and analysis of the samples to detect 
anthrax. Neither these activities nor the overall process had been 
validated for anthrax testing. 

Validation is a formal, empirical process in which an authority 
determines and certifies the performance characteristics of a given 
method. Therefore, investments are also needed to validate these 
methods, as well as the overall anthrax detection process. Validating 
the overall process, as well as the individual activities, is important 
because operational and health-related decisions are made on the basis 
of testing results that the process generates. 

CDC and USPS officials said that they used targeted sampling; that is, 
they collected samples from specific areas considered--based on 
agencies' technical judgments--more likely to be contaminated. Such 
judgments can be effective in some situations, for example, in 
determining the source of contamination in a disease outbreak 
investigation, provided results are positive. However, if the results 
are negative, the basic question--Is this building contaminated?-- 
cannot be answered with statistical confidence. 

When the level of contamination is extremely high and dispersed in a 
facility, the method of sampling (for example, wipes versus swabs) is 
not as critical if the purpose is to find some contaminant. However, at 
lower levels, a way of interpreting the significance of negative 
results is needed, and this requirement emphasizes the importance of 
validation of the methods and the need for statistically based sampling 
strategies. This emphasizes the need for methods that have been 
validated, and sampling strategies that are likely to find 
contamination at low levels. Probability-based sampling does allow 
conclusions, at specific levels of confidence, about testing results. 

Using a probability-based sampling strategy, together with validated 
methods for detecting contamination, would provide a known level of 
confidence with which to interpret any negative results. This would 
allow agencies to be more definitive in determining necessary actions. 
Figure 1 shows how lack of validation could affect individual 
activities--including the sampling strategy--as well as the results 
generated by the overall process. 

Figure 1: Lack of Validation Can Affect Individual Activities and the 
Overall Process: 

[See PDF for image] 

Source: GAO analysis of CDC, EPA, and USPS data. 

[End of figure] 

The lack of validated methods for assessing contamination in postal 
facilities impeded the agencies in responding to the incidents. The 
significance of the lack of validated methods was exemplified in the 
case of the one postal facility where negative preliminary results were 
obtained by field-based methods of analysis, with limitations that 
appear not to have been well understood by some agencies. Negative 
results do not necessarily mean a facility is free from contamination. 
As we reported, results can be negative if (1) samples were not 
collected from places where anthrax was present, (2) the detection 
limit of the method was greater than the actual contamination level, 
(3) not enough samples were recovered from the sample material, (4) 
analysis of the sample extract did not detect spores, or (5) anthrax 
was not present in the facility. 

In addition, while the 2001 events involved anthrax, many other 
biothreat agents exist. Differences in their characteristics mean 
different solutions. Accordingly, efforts to develop sampling 
strategies and to validate methods should address requirements specific 
to those threat agents as well. However, since addressing other agents 
would consume resources and time, all these efforts should be 
prioritized in a long-term strategy. 

The several agencies that dealt with the anthrax attacks generally 
worked well together, but we have identified areas that would have 
benefited from one agency's taking the lead in coordinating the 
response. Given the mission of DHS and its responsibilities, it appears 
that DHS is now well positioned to take a lead role in promoting and 
coordinating the activities of the various agencies that have technical 
expertise related to environmental testing. In addition, it is 
important that all participating agencies recognize and support DHS in 
that role and that they have an effective structure for participating 
in identifying and addressing the appropriate issues. 

Recommendations for Executive Action: 

Given the lack of validated methods for detecting anthrax contamination 
in facilities, we recommended in our 2005 report that the Secretary of 
Homeland Security develop a coordinated approach to (1) improve the 
overall process for detecting anthrax and (2) increase confidence in 
negative test results generated by that process. This approach would 
include working with agencies to ensure that appropriate validation 
studies of the overall process of sampling activities, including the 
methods, are conducted. Specifically, we recommended that the 
Secretary: 

1. take a lead role in promoting and coordinating the activities of the 
various agencies that have the technical expertise related to 
environmental testing; 

2. ensure that a definition of validation is developed and agreed on; 

3. guarantee that the overall process of sampling activities, including 
methods, is validated so that performance characteristics, including 
limitations, are clearly understood and results can be correctly 
interpreted; 

4. see that appropriate investments are made in empirical studies to 
develop probability-based sampling strategies that take into account 
the complexities of indoor environments; 

5. ensure that appropriate, prioritized investments are made for all 
biothreat agents; and: 

6. make sure that agency policies, procedures, and guidelines reflect 
the results of such efforts. 

When we issued our report, CDC, DHS, and USPS agreed with our 
conclusion--that methods for detecting anthrax contamination in 
facilities were not validated--and with the thrust of our 
recommendations--calling for a coordinated, systematic effort to 
validate the methods to be used for such testing. But they (1) 
disagreed with or expressed concern about our conclusions or the 
recommendation dealing with targeted versus probability sampling, (2) 
emphasized that validated testing methods for anthrax were not 
available in 2001 and that federal and state organizations did the best 
they could under the circumstances, and (3) identified factors or 
issues that need to be considered in validating testing methods. 

Who Is Responsible for Ensuring and Guaranteeing That Anthrax Detection 
Methods Will Be Validated? 

After we issued our 2005 report, it became evident that there was 
uncertainty over which agency would take the lead role in improving the 
overall process for detecting anthrax and how studies were to be 
funded. For example, DHS stated that while it has overall 
responsibility for coordinating the federal response during future 
biological attacks, EPA had the "primary responsibility for 
establishing the strategies, guidelines, and plans for the recovery 
from a biological attack" and HHS had the lead role for any related 
public health response and guidelines. DHS also stated that it 
coordinated regularly with EPA's National Homeland Research Center to 
exchange information on research needs and to discuss priorities and 
gaps for a wide range of security-related research areas. DHS stated 
that it would coordinate with EPA to ensure that appropriate 
investments were made to explore improved sampling. However, it is 
unclear to us how DHS would ensure that appropriate prioritized 
investments are made for all biothreat agents and how such priorities 
and gaps would be addressed. 

On the basis of these uncertainties, we recommended in our May 9, 2006, 
testimony that DHS's approach to validating the overall process should 
start with a strategic plan that includes a road map outlining how 
individual agencies efforts would lead to the validation of the 
individual activities as well as the overall process, noting that such 
a plan would assist DHS in monitoring progress and measuring agency 
performance toward improving the detection of anthrax and other 
prioritized threat agents. 

On May 19, 2006, DHS officials stated that while they concurred with 
the recommendations from our report and accepted the overall 
responsibility to ensure the methods will be validated, they stated 
that "there are legal limitations in DHS authority to direct the 
activities of other agencies." They said that while they take a lead 
role in coordinating the meetings and in bringing people from different 
agencies together, they cannot guarantee that the overall process of 
sampling will be validated because different agencies have 
responsibility for different aspects of validation, and DHS's control 
over other agencies actions and budgets is ultimately limited. They 
stated that DHS cannot ensure and guarantee that validation studies 
would be done, since this is a shared responsibility among different 
agencies. Also, since validation would require a sustained effort over 
a long period, DHS noted that it could not mandate commitment of other 
agencies' funds, over which it has no control. 

DHS officials told us in July 2006 that they recognize that DHS is the 
principal agency responsible for coordinating the federal response and 
they would work with a good faith effort toward developing a strategy 
for validation studies and a road map by the end of calendar year 2006 
outlining how individual agencies' efforts would lead to the validation 
of the overall sampling process. On March 27, 2007, DHS told us that it 
had developed a working draft of the strategic plan and the road map by 
December 2006 but it could not share these with us because they were 
not final. 

Until responsibility is accepted for ensuring that sampling activities 
will be validated, the fate of the validation process will remain 
uncertain. Without validation, if another anthrax attack were to occur 
tomorrow, federal civilian agencies would not be able to conclude with 
any given level of statistical confidence, in cases of negative 
results, that a building is free of contamination. 

Mr. Chairman, this concludes my prepared remarks. I would be happy to 
respond to any questions that you or other members of the subcommittee 
may have at this time. 

Contacts and Acknowledgments: 

For further information regarding this statement, please contact Keith 
Rhodes at (202) 512-6412, or rhodesk@gao.gov, or Sushil K. Sharma, 
Ph.D., Dr.PH, at (202) 512-3460, or sharmas@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this statement. William Carrigg, Barbara Chapman, 
Crystal Jones, Penny Pickett, and Elaine Vaurio made key contributions 
to this statement. 

FOOTNOTES 

[1] Bacillus anthracis is the microorganism that causes the disease 
known as anthrax. 

[2] GAO, Anthrax Detection: Agencies Need to Validate Sampling 
Activities in Order to Increase Confidence in Negative Results, GAO-05-
251 (Washington D.C.: Mar 27, 2005); Anthrax Detection: Agencies Need 
to Validate Sampling Activities in Order to Increase Confidence in 
Negative Results, GAO-05-493T (Washington D.C.: Apr. 5, 2005); and 
Anthrax: Federal Agencies Have Taken Some Steps to Validate Sampling 
Methods and to Develop a Next-Generation Anthrax Vaccine, GAO-06-756T 
(Washington D.C.: May 9, 2006). 

[3] While the Federal Bureau of Investigation (FBI) also collected 
samples, we did not include the results of its testing due to its 
ongoing criminal investigation. 

[4] GAO-05-251, pp. 82-83. 

[5] GAO-06-756T 

[6] Also on March 27, 2007, DHS officials gave us a short status report 
on the Anthrax Sampling Working Group. However, we could not evaluate 
the significance of the activities it summarized without the strategic 
plan. 

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