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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.
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.
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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SOURCE: Congressional Record Vol. 168, No. 40
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