[Decision Concerning Park Police Indemnification Agreement]

The Department of the Interior requested a decision concerning whether the U.S. Park Police were prohibited from including indemnification clauses in mutual assistance memoranda of understanding with local law enforcement agencies. GAO held that the: (1) inclusion of such indemnification clauses violated the Antideficiency Act and could subject the United States to indefinite unlimited contingent liabilities; and (2) U.S. Park Police could not include indemnification clauses unless liability was limited to available appropriated funds and Congress approved such an arrangement. Accordingly, the Park Police can temporarily enter into revised agreements with the required indemnification clauses while congressional approval is being sought.