[Congressional Record Volume 144, Number 86 (Friday, June 26, 1998)]
[Senate]
[Pages S7263-S7264]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI:
  S. 2248. A bill to allow for waiver and indemnification in mutual law 
enforcement agreements between the National Park Service and a state or 
political subdivision, when required by state law, and for other 
purposes; to the Committee on Energy and Natural Resources.


                   national park service legislation

 Mr. MURKOWSKI. Mr. President, on behalf of the Administration, 
today I introduce legislation to allow for wavier and indemnification 
in mutual law enforcement agreements between the National Park Service 
and a state or political subdivision, when required by state law, and 
for other purposes.
  I ask unanimous consent that the Administration's letter of 
transmittal and a section-by-section analysis of the legislation be 
printed in the Record for the information of my colleagues.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                       Department of the Interior,


                                      Office of the Secretary,

                                   Washington, DC, March 18, 1998.
     Hon. Albert Gore, Jr.
     President of the Senate,
     Washington, DC.
       Dear Mr. President: Enclosed is a draft bill, ``To allow 
     for waiver and indemnification in mutual law enforcement 
     agreements between the National Park Service and a state or 
     political subdivision, when required by state law, and for 
     other purposes.''
       We recommend the bill be introduced, referred to the 
     appropriate committee for consideration, and enacted.
       This amendment would provide express authority for the 
     National Park Service to enter into mutual aid agreements 
     with adjacent law enforcement agencies. Pursuant to statutory 
     authorities, the Park Police have maintained memoranda of 
     understandings with local law enforcement agencies in 
     Maryland and Virginia. These agreements specify the 
     circumstances under which these agencies will assist the Park 
     Police. Both Maryland and Virginia laws require that each 
     party must agree to indemnify and hold harmless the assisting 
     agency from all claims by third parties for property damage 
     or personal injury, which may arise out of the assisting 
     agency's activities outside its respective jurisdiction.
       The Comptroller General issued a decision on August 16, 
     1991, which stated that such indemnification clauses violate 
     the Anti-deficiency Act (31 U.S.C. 1341(a)). The Comptroller 
     General stated:
       ``[O]pen-ended indemnification agreements should not be 
     entered into regardless of the existence of language of 
     limitations except with express congressional acquiesence. . 
     . . Thus we recommend that the Park Police obtain 
     congressional approval for this type of arrangement.''
       The Comptroller General further recognized the importance 
     of memoranda of understandings between the Park Police and 
     local authorities for effective law enforcement, and stated, 
     ``. . . we will not object to the Park Police temporarily 
     entering into revised agreements with the required 
     indemnification clauses while congressional approval is being 
     sought.''
       Although the opinions of the Comptroller General are not 
     binding on Executive Branch

[[Page S7264]]

     departments, they often provide useful guidance on 
     appropriations matters and related issues. Because it raises 
     questions as to Interior's indemnification authority, the 
     Comptroller General's opinion may impede Interior's efforts 
     to maintain intergovernmental cooperation in the policing of 
     national parks. The amendment that we have proposed would 
     eliminate this potential impediment.
       The Office of Management and Budget has advised that there 
     is no objection to the enactment of the enclosed draft 
     legislation from the standpoint of the Administration's 
     program.
           Sincerely,

                                                 Donald Barry,

                                    Acting Assistant Secretary for
     Fish and Wildlife and Parks.
                                  ____


                      Section-by-Section Analysis

       Section 1: This section renumbers paragraphs and adds a new 
     section c(3), which would provide express statutory authority 
     for the National Park Service to use indemnification clauses 
     in their mutual aid agreements with a state or political 
     subdivision for law enforcement purposes, when required by 
     state law.
       Section 2: This section makes a technical 
     correction.
                                 ______