[Congressional Record Volume 168, Number 40 (Monday, March 7, 2022)]
[House]
[Pages H1310-H1312]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1615
                     SHADOW WOLVES ENHANCEMENT ACT

  Mrs. DEMINGS. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 5681) to authorize the reclassification of the tactical 
enforcement officers (commonly known as the ``Shadow Wolves'') in the 
Homeland Security Investigations tactical patrol unit operating on the 
lands of the Tohono O'odham Nation as special agents, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5681

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Shadow Wolves Enhancement 
     Act''.

     SEC. 2. RECLASSIFICATION OF SHADOW WOLVES AS GS-1811 SPECIAL 
                   AGENTS.

       The Director of U.S. Immigration and Customs Enforcement is 
     authorized--
       (1) to reclassify the GS-1801 tactical enforcement officers 
     (commonly known as ``Shadow Wolves'') assigned to the 
     Homeland Security Investigations tactical patrol unit 
     operating on the lands of the Tohono O'odham Nation, as of 
     the date of the enactment of this Act, as GS-1811 special 
     agents, upon the successful completion of--
       (A) the Federal Law Enforcement Training Center's Criminal 
     Investigator Training Program; and
       (B)(i) Customs Basic Enforcement School, if the officer was 
     hired before March 2003; or
       (ii) U.S. Immigration and Customs Enforcement Homeland 
     Security Investigations Special Agent Training, if the 
     officer was hired during or after March 2003;
       (2) to classify any Shadow Wolves who are assigned to the 
     unit referred to in paragraph (1) after such date of 
     enactment as GS-1811 special agents upon the successful 
     completion of the training described in paragraph (1); and
       (3) to classify as GS-1811 special agents upon the 
     successful completion of the training described in paragraph 
     (1) any Shadow Wolves who are hired as part of a comparable 
     unit (regardless of location) established after such date of 
     enactment with the approval and consent of the appropriate 
     Indian tribe.

     SEC. 3. EXPANSION OF SHADOW WOLVES PROGRAM.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall submit to 
     the Comptroller General of the United States, the Committee 
     on Homeland Security and Governmental Affairs of the Senate, 
     and the Committee on Homeland Security of the House of 
     Representatives a strategy for--
       (1) retaining existing Shadow Wolves;
       (2) recruiting new Shadow Wolves; and
       (3) expanding comparable units referred to in section 2(3) 
     to appropriate areas near the international border between 
     the United States and Canada or the international border 
     between the United States and Mexico, with the approval and 
     consent of the appropriate Indian tribe.

     SEC. 4. GAO REPORT.

       Not later than 1 year after receiving the strategy required 
     under section 3 and annually thereafter for the following two 
     years, the Comptroller General of the United States shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives--
       (1) an assessment of the effectiveness of such strategy; 
     and
       (2) any recommendations for improvements to the strategy 
     that the Comptroller General determines to be appropriate.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Florida (Mrs. Demings) and the gentleman from New York (Mr. Katko) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Florida.


                             General Leave

  Mrs. DEMINGS. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Florida?
  There was no objection.
  Mrs. DEMINGS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of H.R. 5681, the Shadow 
Wolves Enhancement Act.
  This bipartisan legislation, sponsored by the gentleman from New York 
(Mr. Katko), the ranking member of the Homeland Security Committee, 
seeks to resolve limitations to career advancement and pay equity for 
Native American officers, a part of the Shadow Wolves program.
  Shadow Wolves are officers that form ICE Homeland Security 
Investigations' tactical patrol unit. These officers operate in the 
Tohono O'odham Nation, located in southern Arizona, and track human and 
drug smugglers along Tribal lands.
  Since 1974, the Tohono O'odham Nation has allowed Shadow Wolves to 
patrol its lands to stem the flow of illicit activity within the 
region. This elite unit leverages both technology and the traditional 
art of tracking to detect footprints, tire tracks, and clothing 
associated with smuggling operations.
  Over the last few years, Shadow Wolves have increasingly expanded 
their operation beyond tracking to investigative work and support 
response.
  Under current law, Shadow Wolves can only be hired as tactical 
officers in a lower pay grade, although most of the officers have 
completed special agent training.
  H.R. 5681 reclassifies Shadow Wolves as special agents upon 
successfully completing the law enforcement training requirements. H.R. 
5681 also directs DHS to establish a strategy for preserving the Shadow 
Wolves and expanding comparable units with the consent of relevant 
Native American Tribes.

[[Page H1311]]

  By passing this bipartisan bill today, this body is prioritizing the 
development of a diverse and equitable Federal workforce. I urge my 
colleagues to join with the Tohono O'odham Nation and the Shadow Wolves 
officers and support H.R. 5681. I reserve the balance of my time.
  Mr. KATKO. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in strong support of H.R. 5681, the 
Shadow Wolves Enhancement Act.
  This bill authorizes adjustments to the job classifications of 
officers assigned to the Homeland Security Investigations unit 
operating in the Tohono O'odham Nation, also known as the Shadow 
Wolves.
  The Shadow Wolves are the Department of Homeland Security's only 
tracking unit that is entirely composed of Native Americans. The Shadow 
Wolves were established by congressional mandate in 1974 to combat 
rampant smuggling that was occurring from Mexico into the United States 
through the Tohono O'odham Nation.
  For the past 40 years, the Shadow Wolves have been patrolling a 76-
mile stretch of the border, utilizing a combination of high-tech 
equipment and the traditional art of tracking passed down from 
generation to generation on the Nation.
  The Shadow Wolves take their name from the way the unit operates, 
like a wolf pack, relying mostly on their ability to track. They use a 
technique called cutting for sign, which closely observes and analyzes 
any physical evidence left by smugglers. I was fortunate enough to 
personally observe this impressive technique during my visit to Arizona 
last year.
  The Shadow Wolves' professionalism, skill, dedication, and presence 
have proven critical for border security and are essential in building 
Tribal stakeholder trust and engagement.
  And for an elite unit, their operations couldn't be more impressive. 
Between 2010 and 2020, Shadow Wolves' efforts led to 437 criminal 
arrests, and the seizure of over 117,000 pounds of narcotics, 45 
weapons, 251 vehicles, and over $800,000 in U.S. currency.
  In recent years, the Shadow Wolves' mission has evolved from tracking 
into more investigative work. Unfortunately, the current hiring 
authority for the Shadow Wolves' program does not allow current Shadow 
Wolves to be reclassified at the appropriate level for investigative 
work, even if they have all the prerequisite experience.
  Further, this lack of authority has led to pay inequities and limited 
upward mobility for current Shadow Wolves officers. Without the passage 
of this critical legislation, the entire Shadow Wolves program is at 
risk of becoming nonoperational as current officers retire.
  My bill, the Shadow Wolves Enhancement Act, allows current Shadow 
Wolves to be reclassified as GS-1811 special agents upon the successful 
completion of training. It also addresses pay equity for current Shadow 
Wolves and allows new Native American applicants to be added to the 
unit.
  This bill also requires the Secretary of Homeland Security to develop 
a strategy to retain existing Shadow Wolves and expand comparable units 
along the international land borders both north and south of our 
country with the approval of appropriate Tribal governments.
  Every day, the Shadow Wolves carry out a difficult and dangerous 
mission under increasingly challenging circumstances. Every day, they 
report for duty and help secure the border across arduous desert 
terrain and rugged mountainous areas.
  Today is the day that we in Congress honor their efforts and 
modernize the Shadow Wolves program. Passage of this legislation will 
provide long-term viability for a truly unique and necessary border 
security program and a pathway for future Native American applicants.
  This act has strong bipartisan support in the House and the Senate, 
as well as support from the Department of Homeland Security and, of 
course, the Tohono O'odham Nation.
  Madam Speaker, I include in the Record a resolution from the Tohono 
O'odham Nation Legislative Council in support of the Shadow Wolves 
Enhancement Act.

          Resolution of the Tohono O'odham Legislative Council


    supporting federal legislation to reclassify homeland security 
  investigations tactical officers ``shadow wolves'' as special agents

       Whereas, the Constitution of the Tohono O'odham Nation 
     vests the Legislative Council with the authority to 
     ``promote, protect and provide for public health, peace, 
     morals, education and general welfare of the Tohono O'odham 
     Nation and its members'' and to ``consult with the Congress 
     of the United States and appropriate federal agencies 
     regarding federal activities that affect the Tohono O'odham 
     Nation . . .'' (Constitution, Article VI, Section 1(c)(2) and 
     Section 1(j)); and
       Whereas, the Tohono O'odham Nation (``Nation'') is a 
     federally recognized Indian tribe located on approximately 
     4,500 square miles in southern Arizona, with approximately 65 
     miles of its border on the International Boundary with 
     Mexico; and
       Whereas, over many years, the Nation has cooperated with 
     the U.S. Customs and Border Protection to stem the flow of 
     narcotics and undocumented immigrants while maintaining the 
     Nation's opposition to a physical wall (Resolution No. 17-
     053); and
       Whereas, since 1974, the Nation has allowed the U.S. 
     Customs Service to staff a facility in Sells, and in return 
     the U.S. Customs Service employed up to 25 Native Americans 
     as Customs Patrol Officers; and
       Whereas, around 1985, the U.S. Customs Service organized 
     these Native American Customs Patrol Officers into a select 
     unit which came to be known as the ``Shadow Wolves,'' which 
     utilized the unique knowledge and skill of Native Americans 
     to track and interdict smugglers crossing the lands of the 
     Nation; and
       Whereas, the Shadow Wolves have gained an international 
     reputation as a small but highly effective interdiction unit 
     of the U.S. Customs Service; and
       Whereas, U.S. Senator Kyrsten Sinema is proposing a bill to 
     authorize the Director of U.S. Immigration and Customs 
     Enforcement to reclassify the members of the Shadow Wolves 
     unit from tactical officers to special agents; and
       Whereas, this reclassification could improve the pay scale 
     for Shadow Wolves, improve their ability to enforce 
     immigration and customs laws, and better investigate and 
     track cross-border illegal activity; and
       Whereas, the Nation's chairperson, Border Security 
     Delegation, Appropriations and Domestic Affairs Committees 
     have reviewed the legislation and recommend support.
       Now, therefore, be it Resolved that the Tohono O'odham 
     Legislative Council supports federal legislation to 
     reclassify Homeland Security Investigations Tactical Officers 
     ``Shadow Wolves'' as special agents.
       The foregoing Resolution was passed by the Tohono O'odham 
     Legislative Council on the 06th day of MARCH, 2020 at a 
     meeting at which a quorum was present with a vote of 3,175.7 
     FOR; -0- AGAINST; -0- NOT VOTING; and [02] ABSENT, pursuant 
     to the powers vested in the Council by Article VI, Section 
     l(c)(2) and (j) of the Constitution of the Tohono O'odham 
     Nation, adopted by the Tohono O'odham Nation on January 18, 
     1986; and approved by the Acting Deputy Assistant Secretary--
     Indian Affairs (Operations) on March 6, 1986, pursuant to 
     Section 16 of the Act of June 18, 1934 (48 Stat.984).
                               Tohono O'Odham Legislative Council:
     Timothy Joaquin,
       Legislative Chairman, 6 day of March, 2020.
     Attest:
     Evonne Wilson,
       Legislative Secretary, 6 day of March, 2020.
       Said Resolution was submitted for approval to the office of 
     the Chairman of the Tohono O'odham Nation on the 6 day of 
     March, 2020 at 4:54 o'clock, p.m., pursuant to the provisions 
     of Section 5 of Article VII of the Constitution and will 
     become effective upon his approval or upon his failure to 
     either approve or disapprove it within 48 hours of submittal.
                               Tohono O'Odham Legislative Council:
     Timothy Joaquin,
       Legislative Chairman, on the 06 day of March, 2020 at 5:22 
     o'clock, p.m.
     Ned Norris, Jr., Chairman, Tohono O'odham Nation.
     Returned to the Legislative Secretary on the 6 day of March, 
         2020, at 5:32 o'c1ock, p.m.
                                                    Evonne Wilson,
                                            Legislative Secretary.

  Mr. KATKO. Madam Speaker, I strongly urge my colleagues on both sides 
of the aisle to support this critical legislation in support of our 
Native American friends and partners.
  Madam Speaker, I yield back the balance of my time.
  Mrs. DEMINGS. Madam Speaker, I yield myself the balance of my time.
  H.R. 5681 is about enhancing equity and career opportunities for 
Native American officers that currently serve as Shadow Wolves in 
Sells, Arizona.
  These officers are currently limited in pay and opportunity by their 
classification, despite having the appropriate training for 
advancement. This legislation addresses that problem.

[[Page H1312]]

  For this reason, I urge my colleagues to support H.R. 5681, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Florida (Mrs. Demings) that the House suspend the 
rules and pass the bill, H.R. 5681.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mrs. GREENE of Georgia. Madam Speaker, on that I demand the yeas and 
nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

                          ____________________