mr. demske? >> yes when we receive a riefrl from the cdc, one of our attorneys or multiple attorneys will review the findings and allegations and the cdc will often consult with the expert to make sure we understand those facts. if we brief that there's been a violation, it's our policy to then contact the entity that is the subject of the matter and give them the opportunity to provide us with information or arguments about why a penalty would not be appropriate. we take that into account. often, again in consultation with cdc and decide whether to go forward with the case. and we use our looking across the experience of the cases that we've had, make a judgment about what we think the case should be valued at if we do seek a civil money penalty. >> now do your offices routinely work together to take action against those who are in violation? >> we certainly communicate and work together from our perspective to make sure that we understand the facts and the science in these matters for us to det

mr. demske recognized for five minutes. >> good morning, i am greg demske chief counsel at the department of health and human services and appreciate the opportunity to discuss the federal select agent program. oig is authorized to impose penalties for violations of the regulations, and we audit and offer suggestions for im improvement. cdc reviews all matters and refers criminal matters to the fbi. in other matters, they determine whether to exercise to suspend or revoke registration or require action. if cdc concludes a civil violation occurred it refers to the case to oig for potential enforcement. oig calculates over referral and decide decides to percue the case and what penalties to seek in light of the particular case. violations of the regulations pose bearing risks to public health and safety. to date, oig has imposed violations totaling $2.4 million with two cases involving doug way. in april 2007 doug way shipped anthrax to a reresearch facility with certification the anthrax was non-viable. the research facility tested and found a low concentration of anthrax and we found doug