(b) (7)(E)
U.S. DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
CBP DIRECTIVE NO. 51410-022A

DATE: FEBRUARY 2, 2023
ORIGINATING OFFICE: OTD
SUPERSEDES: 51410-022
REVIEW DATE: FEBRUARY 1, 2026

EXTERNAL TRAINING PROGRAMSPURPOSE. This directive establishes requirements and procedures for selection,
1.
approval, and recording of all external training opportunities. External training is a wide array ofeducation courses, seminars, conferences, training modules, continuing education credits, etc.
that is not covered under the Tuition Assistance Program (TAP) and/or centralized managed
programs like Senior Service Schools. While U.S. Customs and Border Protection (CBP) is
committed to advancing the professional development of our employees, the cost of external
training programs can be high and if not implemented properly could be litigious.
This directive ensures external training opportunities outside of CBP's TAP and centralized
senior service school type programs are mission-aligned, done in support of a specificprofessional need that will enhance the workforce, and are equitably applied and available to theworkforce.
2.
BACKGROUND. Previous policy dictated that all advanced external training
opportunities that required absences from duty exceeding ten (10) consecutive business days, ortuition exceeding $5,000 required approval by the CBP Commissioner. Additionally, allStandard Form 182 (SF-182) rules were applicable (Customs Directive No. 51410-017A, Use ofSF- 182, Request, Authorization, Agreement and Certification of Training).
In a memo dated October 12, 2011, the Department of Homeland Security (DHS) Under
Secretary for Management outlined requirements for "Employee Training and Development
Expenses." As stated in the memo, "any one-time training or education opportunity that totals$6,000 or more or multiple training or education opportunities that cumul*ively total $6,000
or more per employee during the fiscal year must be approved by the Component Head". In
addition, the memo states that "All expenditures that meet this $6,000 thr�shold will bereported to the Department's Office of the Chief Human Capital Officer (QCHCO) on aquarterly basis."Prior to the pandemic, DHS rescinded the requirements established in the bctober 2011
memo. With the revised memo, DHS directed components to follow the gbidelines of DHS
policies on Employee Leaming and Development and any component isslied directives.
While it rescinded reporting requirements, components are required to keep track of stats inevent of future audits, inspections.

(b) (7)(E)

3.

POLICY.

3.1
CBP components may procure seats on an ad hoc basis in courses,:seminars, orconferences offered to the general public as long as the ad hoc educational program ismission-aligned, enhances a required skillset need for the position, and is comparable in cost
to other similar programs. There are restrictions on what type of seats may be procured.
3.2
Annual recuring anq regular job specific courses that are needed for employees toperform and are not offered within CBP (e.g., Air and Marine Operations Safety Officers,
Veterinary care, etc.) are exempt from this policy and should be addressed in accordance with
CBP Directive 5220-047 Conference Planning, Attendance and Fees.
Note: Approving the use of funding to support educational pursuit� should not be used
as an employee reward, recognition, bonus and/or settlement for employe¢s. Nor do theyreplace training and education programs already offered by CBP. Per DH� Directive 258-05
Employee Learning and Development, DHS requires that Agencies closely monitor what ad
hoc education programs are offered, funded, and recorded.
3.3
Executive Assistant Commissioners/Assistant Commissioners/Executive Directors are theapproving officials for ad hoc external training, education, conference, wofkshop, or seminar
opportunities that cost $6,000 or less for any single employee during a fiscal year. This also
includes the total of various programs throughout the fiscal year. ApprovaJtverification is notneeded from the Office of Training and Development (OTO). OTD is available for consultation
prior to final selection and executing funding, if necessary.
!
3 .4
Any and all ad hoc external training procured for employees in thei form of education,
conference, workshop, or seminar opportunities that exceed $6,000 either ;iS a one-time event orin the aggregate of a fiscal year needs to be routed through the chain of cohimand and approvedby the CBP Commissioner prior to attending the training. OTD approvall'{erification is notneeded. OTD is available for consultation prior to executing any funding if necessary.
Ii

3.5
Offices cannot independently procure seats in advanced leadershi� programs centrallymanaged by the OTD (e.g., opportunities at certain colleges and universitibs, DHS sponsoredI
programs, Department of Defense Senior Service Schools, etc.).
3.6
Executive Assistant Commissioners/Assistant Commissioners/Executive Directors, ordesignees are responsible for establishing and overseeing their componentr s process tonominate employees regardless of the funding amount. It is incumbent on �ach
office/component to have a selection process in place to nominate their employees forexternal ad hoc training, ensuring that the sole need for ad hoc training is 4ligned with themission and the employees' abilities to be successful in their assigned workplace position,and for ensuring that opportunities are equitably applied and available to dfployees. Ad hoc
external training should not be used for employee recognition or performance awards.
!

Participants in external ad hoc educational programs agree to the terms of the OHS
3.7
Continued Service Agreement (CSA). In accordance with agency CSA policy, an employee
must, reimburse the paying agency if he or she leaves the agency without completing theperiod ofservice time specified in the CSA.
2(b) (7)(E)

3.8
Attendance at all external conferences must follow the DHS Policy-Section 7. I 0.1
Conference Controls. There are separate reporting requirements for attending conferences
versus those that are considered training outlined in Section 3-2. Training Exemptions.
3.9
To collect the required data and facilitate accurate monitoring, tracking, and reportingof employee expenditures, a memo and SF-182 must be completed when applying forattendance at any external training, education, conferences, or seminars that have a tuition orfee, regardless of if they fall above or below the $6,000 threshold. These forms do not requireOTD approval. However, OTD is available for consultation prior to executing any funding ifnecessary.
4.

AUTHORITIES AND REFERENCES.

4.1

Chapter 41 of Title 5, United States Code (5 USC 41) Training.

4.2

Part 410 of Title 5, Code of Federal Regulations (5 CFR 410) Training.

4.3
Part 412 of Title 5, Code of Federal Regulations (5 CFR 412) Executive, Managementand Supervisory Development.
4.4

Federal Travel Regulations, Part 301-74-Conference Planning.

Executive Order 11348, Providing for the Further Training of Gov; mment Employees, as
4.5
Amended.
4.6
Memorandum dated October 13, 2011, OHS Under Secretary for 1'1anagement to all OHS
Components, "Employee Training and Development Expenses."
4.7

OHS Policy-Section 7.10.1 Conference Controls, dated February 8, 2019.

4.8
CBP Directive No. 5220-047 dated December 23, 2021 titled "Conference Planning,Attendance, and Fees."
4.9
Homeland Security Policy, Chapter 7: Travel; Section 7.10.1 -Co1:1ferences, dated
January 8, 2021.
4.10 Memorandum dated March 7, 2014, DHS Under Secretary for Management toComponent Heads, "Conference Approval Process."
4.11 Management Directive 51410-0l 7A "Use of Standard Form I 82 (SF-182), Request,
Authorization, Agreement, and Certification of Training."
4.12

Continued Service Agreement, DHS Form 3307 (8/07).

4.13

DHS Directive 258-05 "Employee Leaming and Development."3

(b) (7)(E)

S.

DEFINITIONS.

5.1
External Training: A planned, prepared, and coordinated program, course, curriculum,subject, system, or routine of instruction or education offered by a non-DBS provider ordesignee to improve individual and organizational performance and assist in achieving theagency's mission and performance goals.
5.2
Centrally Managed Programs: Long-term and/or high-cost formal training and education
programs that CBP has identified to meet the needs of leaders within the organization. OTD
maintains an ongoing list of centrally managed programs and manages the recruitment and final
selection of participants. Individual offices cannot send employees to centrally managed
programs outside the OTD managed process.
Conferences: Prearranged gatherings, with formal agendas, held for presentation,
5.3
consultation, discussion and/or exchange of information, views or opinions on a common
purpose or topic. Conferences may take the form of a retreat, convention, �eminar, symposium,or workshop. A conference is not a routine or regular meeting which addresses matters ofinternal operations, process, or policy and means by which they will be acfomplished. Aconference may be considered training if it qualifies as a developmental assignment under Title
5, Section 410.404 of the Code of Federal Regulations. These types of programs are not fundedby the National Training Plan. To qualify as training, all the following coqditions must hold true:
5.3.1 Training is performed by DHS Instructors and federal employee guest speakers or!
by external instructors at no cost to OHS.
5.3.2 Over 75% of the time is scheduled for planned, organized dxchange of
information between presenters and audience as defined in �ection 4101 of Title
5, United States Code.
5.3.3 Training is conducted at a federally owned or leased facility (excluding rented
hotels, conference centers, etc.)
5.3.4 Costs (including any associated events) are limited to travel, transportation, andper diem.
6.

RESPONSIBILITES.

6.1

The CBP Commissioner has oversight for ensuring development of CBP employees.

6.2
The Executive Assistant Commissioners/Assistant Commissioners/Executive Directors
have a responsibility for developing and executing a centralized process W;ithin their office toselect and approve employees for ad hoc, external training opportunities. It is the responsibilityof each office/component to enforce a CSA and ensure Commissioner-level approval, as requiredby Department, for any training costing more than $6,000 annually (either·singular or in theaggregate) before attending any ad hoc training opportunity.
6.3
The Assistant Commissioner, OTO, will consult with any office about their ad hoc
educational program to ensure it does not overlap with CBP's programs to1 include TAP.
4

(b) (7)(E)
7.
PROCEDURES . It is incumbent upon ad1 component/office to tslablish their own
nomination trd selection precess for a::t hoc training. External
hoc training trd educational
programs trd oonfareuces follow these solicitation trd selection procedLns:m

7.1
Each office or individual identifies the specific need, program, trd provider that isaligned with the mission a-d the employee's ptofassional position trd atal08S the workplace.

72
Each office or individual QBIISl!!llles a memo trd SF-182 Authorization, Agreement trd
Certification of Training trd routes 1D office leadership (Executive Assistant Commissioner,Assistant Commissioner, Executive Director) through the chain of command for approval. If
aboYe the $6,000 thrashold, it is the C00l)Olienls 1'8Sponsibility to obtain af)pn:>WI from theCommissioner prior 1D approving a, a::t hoc training program for a, emplofee. The memo should
include the following:721

B rief description of the cxuse t> be atladed and total oosts

7 22

Why the employee v.es selecled or being sert

723

What is the benefit for CSP/Government

73
Each office sends approved memo trd SF-182 1D CBP Office of Finance/NationalFnance Center trd OTD's National Training Pim, afor financial trd audit record keeping.
7.4

Each office capluras training /education completion stallJs in Acadis.

&RECORD KEEPING. Each office will maintain acopy ofthose employees who tllW8ataded extemal training along with arrt required CSA trd SF-182 for reporting t> OHS OCHO
through the Assistant Commissioner, OTO, m required by Department policy and in am of afuture audit.
9MEASUREMENT. OTO will work with all CBP offices to ensue processes a& in place
for approving trd tracking employees who hEN9 atladed arrt external course/training .
POINT OF CONTACT. For questions regarding this directive, pease contact OTO a
11.
NO PRIVACY RIGHTS CREATED. This document is a, i�I policy stalemen ofCBP trd ems not aaale or confer arrt·private rights, privileges, or benefits ,for arTf person or party.

5

(b) (7)(E)

7.

APPROVAL AUTHORITY.

�9{ MM20�Troy A. Miller
Acting Commissioner
U.S. Customs and Border Protection·Date

6