II Calendar No. 656 118th CONGRESS 2d Session S. 4676 [Report No. 118–255] IN THE SENATE OF THE UNITED STATES July 11 (legislative day, July 10), 2024 Ms. Sinema (for herself, Mr. Hoeven , Mr. Kelly , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs December 2, 2024 Reported by Mr. Peters , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To enhance the effectiveness of the Shadow Wolves Program, and for other purposes.

1. Short title This Act may be cited as the Shadow Wolves Improvement Act . 2. Enhancing the effectiveness of the Shadow Wolves Program (a) In general Subtitle D of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 251 et seq. ) is amended by adding at the end the following: 447. Shadow Wolves Program (a) Mission and goals The Director of U.S. Immigration and Customs Enforcement (referred to in this section as the Director ), in coordination with appropriate representatives of partnering Tribal governments, including the Tohono O'odham Nation, shall specify the mission and goals of the Shadow Wolves Program. (b) Staffing The Director shall determine— (1) the number of special agents needed to staff the Shadow Wolves Program nationally; and (2) the knowledge, skills, and abilities that such special agents shall be required to possess. (c) Strategy Not later than 180 days after the date of the enactment of the Shadow Wolves Improvement Act , the Director, in consultation with appropriate representatives of partnering Tribal governments, including the Tohono O'odham Nation, shall update the strategy required under section 3 of the Shadow Wolves Enhancement Act ( Public Law 117–113 ) by adding— (1) measurable objectives to achieve the retention and recruitment of law enforcement officers, and the expansion goals set forth in the strategy; (2) a timeline for achieving such goals; and (3) milestones for recruiting qualified special agents for the Shadow Wolves Program to meet the target identified in the staffing needs assessment required under subsection (b)(1). (d) Provision of information The Director shall provide, to each GS–1801 Tactical Officer who is employed as a Shadow Wolf by Homeland Security Investigations as of the date of the enactment of the Shadow Wolves Improvement Act , written information that will help them make an informed decision about reclassifying as a special agent, including— (1) individualized information regarding how reclassification would affect pay, including changes to overtime pay, and retirement compensation; (2) steps such members are required to complete to be reclassified as special agents, including— (A) whether they must meet training requirements; (B) a description of those requirements; (C) whether they are exempt from physical fitness, medical, or polygraph examinations; and (D) whether they are eligible for overtime pay during such training; and (3) any other relevant information that the Director believes would help such members make an informed decision regarding such classification. (e) Succession plan The Director shall develop a plan for the timely recruitment of qualified individuals to fill vacant special agent positions in the Shadow Wolves Program that will result from anticipated retirements. (f) Program expansion The Director shall— (1) develop criteria for evaluating and selecting additional tribal lands on which additional Shadow Wolves units could be located, including the amount of additional funding necessary and potential sources for such funding; and (2) in developing such criteria, give consideration to tribal lands located in proximity to existing facilities that provide Federal law enforcement training. . (b) Clerical amendment The table of contents of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended by inserting after the item relating to section 446 the following: Sec. 447. Shadow Wolves Program. . 3. Report to Congress on implementation of Shadow Wolves Program enhancements (a) Definitions In this section: (1) Director The term Director means the Director of U.S. Immigration and Customs Enforcement. (2) Relevant congressional committees The term relevant congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; (B) the Committee on the Judiciary of the Senate ; (C) the Committee on Homeland Security of the House of Representatives ; and (D) the Committee on the Judiciary of the House of Representatives . (b) Report Not later than 1 year after the date of the enactment of this Act, the Director shall submit a report to the relevant congressional committees that describes the progress that has been made towards the full implementation of— (1) section 447 of the Homeland Security Act of 2002, as added by section 2, including required coordination with appropriate representatives of the Tohono O’odham Nation and other partnering Tribal governments to specify the mission and goals of the Shadow Wolves Program, which shall include tracking, interdiction, and investigation; and (2) section 2(4) of the Shadow Wolves Enhancement Act, as added by section 4. 4. Conversion of experienced Shadow Wolves to career appointment in the competitive service Section 2 of the Shadow Wolves Enhancement Act ( Public Law 117–113 ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (4) to noncompetitively convert Shadow Wolves, after their successful completion of three years as Shadow Wolves, regardless of location assigned, from the excepted service to career or career conditional appointments in the competitive service. .

1. Short title This Act may be cited as the Shadow Wolves Improvement Act . 2. Enhancing the effectiveness of the Shadow Wolves Program (a) In general Subtitle D of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 251 et seq. ) is amended by adding at the end the following: 447. Shadow Wolves Program (a) Mission and goals The Director of U.S. Immigration and Customs Enforcement (referred to in this section as the Director ), in coordination with appropriate representatives of partnering Tribal governments, including the Tohono O'odham Nation, shall specify the mission and goals of the Shadow Wolves Program. (b) Staffing The Director shall determine— (1) the number of special agents needed to staff the Shadow Wolves Program nationally; and (2) the knowledge, skills, and abilities that such special agents shall be required to possess. (c) Strategy Not later than 180 days after the date of the enactment of the Shadow Wolves Improvement Act , the Director, in consultation with appropriate representatives of partnering Tribal governments, including the Tohono O'odham Nation, shall update the strategy required under section 3 of the Shadow Wolves Enhancement Act ( Public Law 117–113 ) by adding— (1) measurable objectives to achieve the retention and recruitment of law enforcement officers, and the expansion goals set forth in the strategy; (2) a timeline for achieving such goals; and (3) milestones for recruiting qualified special agents for the Shadow Wolves Program to meet the target identified in the staffing needs assessment required under subsection (b)(1). (d) Provision of information The Director shall provide, to each GS–1801 Tactical Officer who is employed as a Shadow Wolf by Homeland Security Investigations as of the date of the enactment of the Shadow Wolves Improvement Act , written information that will help them make an informed decision about reclassifying as a special agent, including— (1) individualized information regarding how reclassification would affect pay, including changes to overtime pay, and retirement compensation; (2) steps such members are required to complete to be reclassified as special agents, including— (A) whether they must meet training requirements; (B) a description of those requirements; (C) whether they are exempt from physical fitness, medical, or polygraph examinations; and (D) whether they are eligible for overtime pay during such training; and (3) any other relevant information that the Director believes would help such members make an informed decision regarding such classification. (e) Succession plan The Director shall develop a plan for the timely recruitment of qualified individuals to fill vacant special agent positions in the Shadow Wolves Program that will result from anticipated retirements. (f) Program expansion The Director shall— (1) develop criteria for evaluating and selecting additional tribal lands on which additional Shadow Wolves units may be located, including the amount of additional funding necessary and potential sources for such funding; and (2) in developing such criteria, give consideration to tribal lands located in proximity to existing facilities that provide Federal law enforcement training. . (b) Clerical amendment The table of contents of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended by inserting after the item relating to section 446 the following: Sec. 447. Shadow Wolves Program. . 3. Report to Congress on implementation of Shadow Wolves Program enhancements (a) Definitions In this section: (1) Director The term Director means the Director of U.S. Immigration and Customs Enforcement. (2) Relevant congressional committees The term relevant congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; (B) the Committee on the Judiciary of the Senate ; (C) the Committee on Homeland Security of the House of Representatives ; and (D) the Committee on the Judiciary of the House of Representatives . (b) Report Not later than 1 year after the date of the enactment of this Act, the Director shall submit a report to the relevant congressional committees that describes the progress that has been made towards the full implementation of— (1) section 447 of the Homeland Security Act of 2002, as added by section 2, including required coordination with appropriate representatives of the Tohono O’odham Nation and other partnering Tribal governments to specify the mission and goals of the Shadow Wolves Program, which shall include tracking, interdiction, and investigation; and (2) section 2(4) of the Shadow Wolves Enhancement Act, as added by section 4. 4. Conversion of experienced Shadow Wolves to career appointment in the competitive service Section 2 of the Shadow Wolves Enhancement Act ( Public Law 117–113 ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (4) to noncompetitively convert Shadow Wolves, after their successful completion of three years as Shadow Wolves, regardless of location assigned, from the excepted service to career or career conditional appointments in the competitive service. . 5. No additional funds No additional funds are authorized to be appropriated for the purpose of carrying out this Act.

December 2, 2024 Reported with an amendment