Changes to SF-86 Questionnaire for National Security Positions in e-QIP (Part III)
The July 19, 2017 DPSAC News kicked off a new series to examine the changes coming to the SF-86 Questionnaire for National Security Positions in e-QIP. As expected, on July 30, the Office of Personnel Management (OPM) replaced the 2010 Standard Form (SF)-86 with the 2017 version that incorporates changes to many of the 29 sections of this background questionnaire.
As reported then, many of the changes appearing in the revised questionnaire are procedural and designed to make it easier for individuals to submit complete forms. The August 2 DPSAC News covered changes to the first 18 sections of the SF-86, all of which involved minor expansions or modifications.
Two sections, however, have undergone more significant changes that reflect shifts in societal attitudes and/or changes in the law or policy.
This issue of DPSAC News looks at the two sections that have undergone the more substantive revisions:
Section 21 (S21) (Psychological and Emotional Health Questions); and
Section 23 (Illegal Use of Drugs and Drug Activity).
The background investigation for national security positions - a quick review
The background investigation for a national security position is conducted to gather information for the purpose of determining whether the applicant is reliable, trustworthy, of good conduct and character, and loyal to the U.S. The SF-86 is the questionnaire upon which such an investigation is based.
The Standard Form (SF) 86, "Questionnaire for National Security Positions" is intended specifically for use in requesting investigations for persons seeking to occupy positions designated as National Security "Sensitive."
The SF-86 revisions will affect individuals who are applying for positions in
Tier 3 (Non-Critical Sensitive positions requiring Confidential or Secret background investigations) and
Tier 5 (Critical Sensitive positions requiring Top Secret or Sensitive Compartmented Information (SCI).*
Terminating the 2010 SF-86 and processing discontinued questionnaires still in the pipeline
When the National Background Investigations Bureau (NBIB) adopted the revised questionnaire on July 30, 2017, it simultaneously disabled the 2010 SF-86 to ensure that all new request initiations will be requested on the 2017 SF-86 only.
According to the OPM, requests that were initiated on the 2010 form prior to July 30 will continue to run their course and agencies will be able to release these requests to NBIB, which will be accepted and processed accordingly. NBIB will continue to process 2010 SF-86 forms for 90 days thereafter, at which point it will turn off the 2010 SF-86 and terminate any remaining cases.
A Look at the key changes to the 2017 SF-86 (cont.): Sections 21 & 23
Revisions to Section 21: Psychological and Emotional Health Questions for National Security Positions
The revisions to this section seek to avoid any potential negative impact the questions and the security clearance process could have on individuals seeking mental health treatment.
Enhancements to the psychological and emotional health questions (Section 21 on the form) emphasize the importance of mental health and wellness of the federal workforce and others while simultaneously protecting national security interests.
In a memorandum to all federal agencies and departments, the former Director of National Intelligence James Clapper, in his role as Security Executive Agent, announced the enhancements to the psychological and emotional health questions covered by Section 21, often referred to as Question 21 or 'S21' of the SF-86.
Clapper noted that the revisions represent the culmination of extensive work among the Office of the Vice President, National Security Council, Office of Management and Budget, Office of Personnel Management, Department of Defense (DoD), Department of Justice, Department of Health and Human Services, Department of Veterans Affairs, and Office of the Director of National Intelligence staff.
Rationale for the changes to Section 21
According to Director Clapper, the revision efforts focused on adjusting the psychological and emotional health related questions to avoid any potential negative impact the questions and security clearance process could have on individuals seeking mental health treatment, if those individuals thought that seeking such treatment would negatively impact their ability to receive a security clearance.
As part of the ongoing efforts to update the security clearance process, including SF-86 questions related to the applicant's mental health, concerns were raised as to whether the S21 (as drafted at the time) adequately identified the issues for evaluation in the course of a background investigation or had the potential to discourage applicants from seeking treatment altogether.
According to Director Clapper, "While (the earlier version of) S21 also included follow-on caveats that accounted for victims of sexual assault and combat related trauma, I agreed that this question needed to be updated to further address concerns about the perceived disincentives to seeking treatment for mental health conditions. I want to make clear that an individual's decision to seek mental health treatment and/or counseling will not, in and of itself, adversely impact his or her ability to obtain or maintain a national security position, or alone form the basis for a denial or revocation of a security clearance."
"Seeking personal wellness and recovery demonstrates responsible behavior and may be considered favorably when evaluating a person's eligibility for a national security position."
Director Clapper emphasized that he "continue(s) to advocate on behalf of victims of sexual assault and combat related traumas who have had or intend to receive mental health counseling. These individuals are not required to provide information about voluntary treatment unless they have a condition that substantially adversely affects their judgment, reliability or trustworthiness."
Clapper concludes by recommending that each Department and Agency reiterate to their workforce the availability of Employee Assistance Programs, treatment and/or services in the interest of encouraging all people to obtain the mental health services they need.
Details of the Section 21 changes
Section 21, which requires applicants to provide mental health information, has been significantly limited in scope. Rather than requiring the applicant to list any mental health counseling or treatment, the new section updates the information applicants are required to report.
As in the 2010 version of Section 21, the 2017 version includes questions about ordered treatments and hospitalizations. However, instead of beginning by asking the individual whether s/he has consulted with a health care professional regarding a psychological or emotional health condition, the revised version asks if the responding individual has:
a) been declared mentally incompetent by a court or administrative agency;
b) been ordered to consult with a mental health professional by a court or administrative agency;
c) been hospitalized for a mental health condition;
d) been diagnosed by a physician or other health professional with specifically listed diagnoses; and/or
e) a mental health or other health condition that substantially adversely affects judgment, reliability or trustworthiness.
According to Clapper, "These questions shift the focus from whether an individual has sought treatment to whether an individual has a condition that may affect his or her eligibility for access to classified information (security clearance) or for eligibility to hold a sensitive position."
The revised version of S21 also inserts new, explanatory language in order to:
- reiterate that the question is asked in the narrow context of the security clearance process;
- make clear that the government recognizes the positive value in seeking counseling and treatment when needed for any reason;
- avoid the potential of discouraging an individual who may have dealt with, or who is currently experiencing, mental health conditions from seeking treatment.
Revisions to Sections 23: lllegal Use of Drugs and Drug Activity Questions for National Security Positions
The second key change to the SF-86 relates to drug use
The SF-86 has always asked about illegal drug use, but the question has become more confusing in recent years with several states legalizing the recreational use of marijuana.
Individuals applying for a security clearance may assume they don't need to list this legal activity under Section 23 of the SF-86, which asks about illegal drug use.
However, the OPM published a notice to the federal register indicating the plan to clarify what illegal drug use is - and this includes any drug use that is still illegal under federal law.
While the actual policy relating to drug use as it relates to national security clearance hasn't changed, OPM wants to make it clear that any drug use must be listed on the SF-86 - even marijuana use which may be legal in certain states but is still illegal under federal law.
*Two other questionnaires are used for applicants applying for less sensitive positions: the
SF-85 questionnaire is used for non-sensitive low risk
Tier 1 positions; the
SF-85P questionnaire is reserved for individuals applying for
Tiers 2 and Tier 4 public trust positions.
