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B-285066.2 1 (2000-08-09)

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United States General Accounting Office                      Office of the General Counsel
Washington, DC 20548



         B-285066.2

         August 9, 2000


         The Honorable James Walsh
         Chairman
         The Honorable Alan Mollohan
         Ranking Minority Member
         Subcommittee on VA, HUD, and
         Independent  Agencies
         Committee on Appropriations
         House of Representatives

         Subject: Operation Safe Home

         This responds to your inquiry of March 30, 2000, concerning the gun buyback
         program administered by the Department of Housing and Urban Development's
         (HUD) Office of Inspector General (OIG) under Operation Safe Home. You asked
         whether in fact the OIG has used Operation Safe Home funds for that purpose. You
         also asked whether the OIG has the legal authority to use funds appropriated for
         Operation Safe Home for gun buyback programs. By letter dated April 7, 2000, we
         asked the HUD OIG for an explanation of its authority to administer a gun buyback
         program as part of Operation Safe Home and for information regarding the amount of
         funds obligated and expended for gun buybacks. The OIG responded by letters dated
         May 1 and 23, 2000, and met with us on May 23, 2000 to discuss these issues.

         The OIG informed us that it has used $30,000 of Operation Safe Home appropriations
         to finance a gun buyback program in association with the Washington, D.C.
         Metropolitan Police Department (MPD). For the reasons discussed below, we
         conclude that on balance the OIG has the authority to use funds appropriated for
         Operation Safe Home to fund a gun buyback program in the District of Columbia.
         Apart from the legal issue addressed in this opinion, we have concerns about the
         impact of the OIG's responsibilities for the Operation Safe Home program on the
         office's independence to perform audit and investigative functions.

         BACKGROUND

         Operation Safe Home began in February 1994 as an anti-crime initiative by the
         Secretary of HUD, the HUD OIG, the Attorney General, the Secretary of the Treasury
         and the National Drug Control Policy Director. The initiative focused on auditing and

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