S. 572 — Shadow Wolves Improvement Act

This section establishes a new section 448 of the Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) to enhance the Shadow Wolves Program (i.e., a specialized U.S. Immigration and Customs Enforcement tracking unit, primarily on the Tohono O'odham Nation reservation, that combats cross-border smuggling and trafficking using Native American sign-cutting expertise). The ICE director, in coordination with partnering Tribal governments including the Tohono O'odham Nation, must (1) specify the program's mission and goals; (2) determine national staffing needs for special agents and required knowledge, skills, and abilities; (3) within 180 days of enactment, update the strategy required under sec. 3 of the Shadow Wolves Enhancement Act (Public Law 117-113) to include measurable retention and recruitment objectives, expansion goals, timelines, and recruiting milestones; (4) provide current GS-1801 Tactical Officers with written information on reclassifying as special agents, including pay/overtime/retirement impacts, training requirements and exemptions (from physical fitness, medical, or polygraph exams), and overtime eligibility during training; (5) develop a succession plan for vacancies from anticipated retirements; and (6) create criteria for expanding to additional tribal lands, including funding needs/sources and proximity to federal training facilities. This section also makes a conforming change to the Homeland Security Act table of contents.

This section directs the Director of U.S. Immigration and Customs Enforcement to submit to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives, not later than one year after the date of enactment of this Act, a report describing progress toward full implementation of (1) section 448 of the Homeland Security Act of 2002, as added by section 2(a)—including coordination with representatives of the Tohono O’odham Nation and other partnering Tribal governments to specify the mission and goals of the Shadow Wolves Program (i.e., a U.S. Border Patrol unit of Native American trackers), which shall include tracking, interdiction, and investigation—and (2) section 2(4) of the Shadow Wolves Enhancement Act, as added by section 4.

This section authorizes the noncompetitive conversion of Shadow Wolves from the excepted service to career or career-conditional appointments in the competitive service after successful completion of three years of service, regardless of assigned location. (Shadow Wolves are Native American trackers in U.S. Customs and Border Protection who specialize in detecting cross-border smuggling on the U.S.-Mexico border.)