Security Executive Agent Directive 4: National Security Adjudicative Guidelines (NSAG) list examples of potentially mitigating conditions for each of its 13 security concerns. One of the potentially mitigating conditions for drug involvement is “providing a signed statement of intent to abstain from all drug involvement and substance misuse, acknowledging that any future involvement or misuse is grounds for revocation of national security eligibility.” [Appendix A, Guideline H – Paragraph 26(b)(3)]
Several articles posted on the ClearanceJobs.com website mention providing a signed statement of intent to help mitigate past illegal drug use, but applicants are often unsure of how and when to provide the statement. To get the full benefit of this potentially mitigating condition for both interim and final clearance eligibility, you should submit the statement in or attached to your Questionnaire for National Security Positions (Standard Form 86—SF86).
To include the statement in your SF86, you can simply write the statement in the appropriate optional comment text field available at Section 8 of the eApplication (eApp) version of the SF86. Since you cannot use any special font features (e.g., bold, italic, or underline) in the optional comments, I recommend you include it at the end of your comments and draw attention to it by writing it in all capital letters:
STATEMENT OF INTENT — “I intend to abstain from all drug involvement and substance misuse. I acknowledge that any future involvement or misuse is grounds for revocation of national security eligibility.”
When you complete the eApp version of the SF86, you will certify the truthfulness and accuracy of all the information in your SF86 and be subject penalties under Title 18 U.S. Code, Section 1001 for any false official statement. Certifying your SF86 is the equivalent of signing the Statement of Intent.
I recommend to my clients that they write and sign the statement on a separate document and attach it as a PDF file to their eApp. In the optional comment text field of Section 8 at the end of their narrative explanation of their past drug involvement, they should write: “Please see attached signed “Statement of Intent” regarding drug involvement and substance misuse.” This will draw further attention to it. The statement on a separate document can look like this:
STATEMENT OF INTENT
I intend to abstain from all drug involvement and substance misuse. I acknowledge that any future involvement or misuse is grounds for revocation of national security eligibility.
Pursuant to Title 28 U.S.C. Section 1746, I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).
(Handwritten signature)
(Printed name)
If an adjudicator is not inclined to make a favorable clearance eligibility determination, a signed statement of intent probably will not change their decision. However, if the adjudicator is undecided or wants to grant clearance eligibility but needs justification to do so, this one additional mitigating condition could persuade them or provide the extra support needed for a favorable decision.
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William H. Henderson is a former Army Counterintelligence Agent and a retired federal clearance investigator. In 2007 he began helping clearance applicants from the pre-application stage through representation at hearings and appeals. Since 2012, he’s been the Principal Consultant at the Federal Clearance Assistance Service (FEDCAS). His first two books on security clearances were adopted as textbooks at five colleges and universities. He recently published the 2nd Edition of Issue Mitigation Handbook. He’s contributed scores of articles to ClearanceJobs.com, and he’s been retained as an expert witness in several state and federal lawsuits.
