Shadow Wolves Enhancement Act

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.

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.

Madam Speaker, I rise in support of H.R. 5681 the Shadow Wolves Enhancement Act, 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.

The ``Shadow Wolves'' are a Native American tactical patrol unit assigned to Homeland Security Investigations (HSI) unit in Sells, Arizona located on the Tohono O'odham Nation and was established by Congress in 1974.

These officers specialize in the interdiction of human and drug smugglers in the rugged terrain of the Sonoran Desert.

Under this bill, Shadow Wolves serving in these positions would be reclassified as GS-1811 special agents.

As GS-1811 special agents, these officers would gain the statutory authority to carry firearms, conduct searches & seizures, make arrests, and receive a pay increase from an average of $37,000 a year to $50,000.

Under existing authority, ``Shadow Wolves'' can only be hired as tactical officers at a lower paygrade, and those who wish to become HIS special agents receive no special consideration, which has caused pay and mobility limitations.

Due to these limitations, the Shadow Wolves program is at risk of becoming nonoperational as officers retire.

There are currently eight Shadow Wolves employed by ICE, five of whom meet the training requirements for conversion to the new pay status.

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 Canadian and Mexican borders.

One year after the development of the strategy by the Secretary of Homeland Security, the Government Accountability Office (GAO) would be required to submit a report, as well as annually for the following 2 years, that will assess the effectiveness of this strategy and provide recommendations for improvement.

I would like to personally thank the eight members of the Native American Tactical Patrol Unit in the Tohono O'odham Nation for their work on preventing human trafficking and drug smuggling along our borders. Their work is of vital importance to the security of our Nation and our citizens.

And on behalf of the constituents of the 18th Congressional District of Texas, I would also like to thank all tactical enforcement officers from the United States Secret Service, United States Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement and Homeland Security Investigations.

It is our duty as Members of Congress to ensure that these officers are receiving fair pay for the hard work that they have undertaken.

Madam Speaker, I strongly support this legislation and urge all Members to vote in favor of H.R. 5681, the Shadow Wolves Enhancement Act.

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.

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.

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.

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.

Madam President, I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 5681, which was received by the House and is at the desk.

Madam President, I ask unanimous consent that the bill be considered read a third time and passed and the motion to reconsider be considered made and laid upon the table.

Madam Speaker, I was regrettably unable to vote on March 8, 2022. Had I been present, I would have voted ``yes'' on H.R. 5681 and ``yes'' on H. Con. Res. 70.