[House Report 117-246]
[From the U.S. Government Publishing Office]


117th Congress     }                                 {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                 {        117-246

======================================================================



 
                     SHADOW WOLVES ENHANCEMENT ACT

                                _______
                                

 February 11, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5681]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
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, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     3
Federal Mandates Statement.......................................     4
Duplicative Federal Programs.....................................     5
Statement of General Performance Goals and Objectives............     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5

                          PURPOSE AND SUMMARY

    H.R. 5681, the ``Shadow Wolves Enhancement Act,'' 
authorizes adjustments to the job classifications for tactical 
enforcement officers assigned to the Homeland Security 
Investigations (HSI) unit operating in the Tohono O'odham 
Nation, known as ``Shadow Wolves''. The Shadow Wolves were 
established by congressional mandate in 1974 and specialize in 
the interdiction of human and drug smugglers through the rugged 
terrain of the Sonoran Desert utilizing both technology and the 
traditional art of tracking. Under this bill, Shadow Wolves 
serving in these positions would be reclassified as GS-1811 
special agents upon the successful completion of certain 
training, and new officers added to this unit after the date of 
enactment would be classified as GS-1811 special agents upon 
completion of training.
    The Act would also require the Secretary of Homeland 
Security to develop a strategy to retain existing Shadow 
Wolves, recruit new officers to the unit, and expand comparable 
units along the international land borders with the approval of 
appropriate Tribal governments. Finally, the Act requires the 
Government Accountability Office (GAO) to submit a report to 
Congress 1 year after receiving the strategy, as well as 
annually for the following 2 years, which assesses the 
effectiveness of this strategy and provides recommendations for 
improvement, as appropriate.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Committee prioritizes the development of a diverse and 
equitable Federal workforce and has heard concerns that Shadow 
Wolves face unique limitations to career advancement, job 
mobility, and pay equity due to their classification. The 
legislation seeks to addresses these limitations.
    Shadow Wolves are assigned to the HSI tactical patrol unit 
currently operating in the Tohono O'odham Nation located in 
southern Arizona. Since 1974, this unit of Native American 
officers is known for its ability to track drug smugglers, 
human traffickers, and other illicit activity along Tribal 
lands. Over the last few years, Shadow Wolves have shifted from 
tracking to investigative work and support response due to 
technological advancements. Under existing authority, Shadow 
Wolves are only able to be hired as tactical officers in a 
lower paygrade even though five of the eight current officers 
in the unit have completed special agent training, causing pay 
and mobility limitations. In addition, Shadow Wolves who want 
to become HSI special agents must apply like candidates in the 
general public. Due to these limitations, the Shadow Wolves 
program is at risk of becoming nonoperational as officers 
retire, and the Committee has learned that some Shadow Wolves 
plan to retire soon.
    The reclassification of Shadow Wolves as GS-1811 special 
agents under this Act would remove existing pay and upward 
mobility limitations to make the treatment within HSI more 
equitable.
    Ahead of consideration of H.R. 5681, the Committee received 
Resolution No. 20-091 from the Tohono O'odham Nation, which 
expresses support for this legislation.

                                HEARINGS

    For the purposes of clause 3(c)(6) of rule XIII of the 
Rules of the House of Representatives, the following hearings 
were used to develop H.R. 5681:
           The Committee did not hold a legislative 
        hearing on H.R. 5681 in the 117th Congress.

                        COMMITTEE CONSIDERATION

    The Committee met on October 26, 2021, a quorum being 
present, to consider H.R. 5681 and ordered the measure to be 
favorably reported to the House, without amendment, by voice 
vote.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII requires the Committee to list the 
recorded votes on the motion to report legislation and 
amendments thereto.
    No recorded votes were requested during consideration of 
H.R. 5681.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X, are incorporated in the descriptive portions of this 
report.

CONGRESSIONAL BUDGET OFFICE ESTIMATE, NEW BUDGET AUTHORITY, ENTITLEMENT 
                    AUTHORITY, AND TAX EXPENDITURES

    With respect to the requirements of clause 3(c)(2) of rule 
XIII and section 308(a) of the Congressional Budget Act of 
1974, and with respect to the requirements of clause 3(c)(3) of 
rule XIII and section 402 of the Congressional Budget Act of 
1974, the Committee adopts as its own the estimate of any new 
budget authority, spending authority, credit authority, or an 
increase or decrease in revenues or tax expenditures contained 
in the cost estimate prepared by the Director of the 
Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, January 11, 2022.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5681, the Shadow 
Wolves Enhancement Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lindsay 
Wylie.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 5681 would authorize Immigration and Customs 
Enforcement (ICE) to convert officers currently in the Native 
American tactical patrol unit in the Tohono O'odham Nation 
(referred to as ``Shadow Wolves'') to a special agent pay 
status after meeting certain training requirements. The bill 
also would require ICE to develop a strategy within 90 days to 
retain and recruit Shadow Wolves and expand the program. 
Additionally, H.R. 5681 would require the Government 
Accountability Office (GAO) to report on the effectiveness of 
the ICE strategy annually for three years.
    There are currently eight Shadow Wolves employed by ICE, 
five of whom meet the training requirements for conversion to 
the new pay status. CBO assumes officers who do not currently 
meet the training requirements will complete the training and 
all eight officers will convert to the new status within a year 
of eligibility. Based on those assumptions and information from 
the agency, CBO estimates that implementing H.R. 5681 would 
cost ICE less than $500,000 over the 2022-2026 period for 
training, additional salaries, and developing the recruitment 
strategy. H.R. 5681 would not require ICE to implement the 
strategy, so CBO did not include those costs in this estimate. 
Furthermore, using information about the cost of similar 
activities, CBO estimates the cost of producing the GAO reports 
would be approximately $500,000 over the 2022-2026 period. 
Taken together, CBO estimates the bill would cost $1 million 
over the 2022-2026 period; such spending would be subject to 
the availability of appropriated funds.
    The CBO staff contact for this estimate is Lindsay Wylie. 
The estimate was reviewed by Leo Lex, Deputy Director of Budget 
Analysis.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      DUPLICATIVE FEDERAL PROGRAMS

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 5681 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the objective of 
H.R. 5681 is to reclassify GS-1801 tactical enforcement 
officers assigned to the Homeland Security Investigations unit 
operating in the Tohono O'odham Nation as GS-1811 special 
agents upon the successful completion of certain training 
requirements in order to improve pay equity and upward mobility 
opportunities for these officers and enable the expansion of 
the program.

   CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF 
                                BENEFITS

    In compliance with rule XXI, this bill, as reported, 
contains no congressional earmarks, limited tax benefits, or 
limited tariff benefits as defined in clause 9(d), 9(e), or 
9(f) of rule XXI.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that H.R. 5681 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

    Section 1. Short Title.

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

    Sec. 2. Reclassification of Shadow Wolves as GS-1811 
Special Agents.

    This section authorizes the Director of U.S. Immigration 
and Customs Enforcement to reclassify GS-1801 tactical 
enforcement officers assigned to the Homeland Security 
Investigations tactical patrol unit operating in the Tohono 
O'odham Nation as GS-1811 special agents upon successful 
completion of the Federal Law Enforcement Training Center's 
Criminal Investigator Training Program and Customs Basic 
Enforcement School or U.S. Immigration and Customs Enforcement 
Homeland Security Investigations Special Agent training. New 
Shadow Wolves hired after the date of enactment and assigned to 
the unit operating in the Tohono O'odham Nation, as well as new 
Shadow Wolves hired as part of a comparable unit, shall also be 
classified as GS-1811 special agents upon completion of 
training requirements and with the approval and consent of the 
appropriate Indian tribe.

    Sec. 3. Expansion of Shadow Wolves Program.

    This section requires the Secretary of Homeland Security to 
submit to GAO, the Senate Committee on Homeland Security and 
Governmental Affairs, and the House Committee on Homeland 
Security a strategy for retaining existing Shadow Wolves, 
recruiting new Shadow Wolves, and expanding comparable units 
near the international borders between the United States and 
Canada and the United States and Mexico with the approval and 
consent of the appropriate Indian tribe. This strategy shall be 
submitted no later than 90 days after the enactment of this 
Act.

    Sec. 4. GAO Report.

    This section directs GAO to submit a report to the Senate 
Committee on Homeland Security and Governmental Affairs and the 
House Committee on Homeland Security no later than 1 year after 
receiving the strategy outlined in section 3, and annually 
thereafter for the following 2 years. This report shall assess 
the effectiveness of the strategy and provide recommendations 
to improve the strategy, as appropriate.

                                  [all]