[Pages H1310-H1312]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

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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.

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