Presidential Documents

Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Presidential Documents 41319 

Memorandum of August 25, 2017 

Military Service by Transgender Individuals 

Memorandum for the Secretary of Defense [and] the Secretary of Homeland Security 

Section 1. Policy. (a) Until June 2016, the Department of Defense (DoD) 

and the Department of Homeland Security (DHS) (collectively, the Departments) generally prohibited openly transgender individuals from accession 

into the United States military and authorized the discharge of such individuals. Shortly before President Obama left office, however, his Administration 

dismantled the Departments’ established framework by permitting 

transgender individuals to serve openly in the military, authorizing the 

use of the Departments’ resources to fund sex-reassignment surgical procedures, and permitting accession of such individuals after July 1, 2017. The 

Secretary of Defense and the Secretary of Homeland Security have since 

extended the deadline to alter the currently effective accession policy to 

January 1, 2018, while the Departments continue to study the issue. 

In my judgment, the previous Administration failed to identify a sufficient 

basis to conclude that terminating the Departments’ longstanding policy 

and practice would not hinder military effectiveness and lethality, disrupt 

unit cohesion, or tax military resources, and there remain meaningful concerns that further study is needed to ensure that continued implementation 

of last year’s policy change would not have those negative effects. 

(b) Accordingly, by the authority vested in me as President and as Commander in Chief of the Armed Forces of the United States under the Constitution and the laws of the United States of America, including Article II 

of the Constitution, I am directing the Secretary of Defense, and the Secretary 

of Homeland Security with respect to the U.S. Coast Guard, to return to 

the longstanding policy and practice on military service by transgender 

individuals that was in place prior to June 2016 until such time as a 

sufficient basis exists upon which to conclude that terminating that policy 

and practice would not have the negative effects discussed above. The 

Secretary of Defense, after consulting with the Secretary of Homeland Security, may advise me at any time, in writing, that a change to this policy 

is warranted. 

Sec. 2. Directives. The Secretary of Defense, and the Secretary of Homeland 

Security with respect to the U.S. Coast Guard, shall: 

(a) maintain the currently effective policy regarding accession of 

transgender individuals into military service beyond January 1, 2018, until 

such time as the Secretary of Defense, after consulting with the Secretary 

of Homeland Security, provides a recommendation to the contrary that I 

find convincing; and 

(b) halt all use of DoD or DHS resources to fund sex-reassignment surgical 

procedures for military personnel, except to the extent necessary to protect 

the health of an individual who has already begun a course of treatment 

to reassign his or her sex. 

Sec. 3. Effective Dates and Implementation. Section 2(a) of this memorandum 

shall take effect on January 1, 2018. Sections 1(b) and 2(b) of this memorandum shall take effect on March 23, 2018. By February 21, 2018, the 

Secretary of Defense, in consultation with the Secretary of Homeland Security, shall submit to me a plan for implementing both the general policy 

set forth in section 1(b) of this memorandum and the specific directives 

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41320 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Presidential Documents 

set forth in section 2 of this memorandum. The implementation plan shall 

adhere to the determinations of the Secretary of Defense, made in consultation 

with the Secretary of Homeland Security, as to what steps are appropriate 

and consistent with military effectiveness and lethality, budgetary constraints, 

and applicable law. As part of the implementation plan, the Secretary of 

Defense, in consultation with the Secretary of Homeland Security, shall 

determine how to address transgender individuals currently serving in the 

United States military. Until the Secretary has made that determination, 

no action may be taken against such individuals under the policy set forth 

in section 1(b) of this memorandum. 

Sec. 4. Severability. If any provision of this memorandum, or the application 

of any provision of this memorandum, is held to be invalid, the remainder 

of this memorandum and other dissimilar applications of the provision 

shall not be affected. 

Sec. 5. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect: 

(i) the authority granted by law to an executive department or agency, 

or the head thereof; or 

(ii) the functions of the Director of the Office of Management and Budget 

relating to budgetary, administrative, or legislative proposals. 

(b) This memorandum shall be implemented consistent with applicable 

law and subject to the availability of appropriations. 

(c) This memorandum is not intended to, and does not, create any right 

or benefit, substantive or procedural, enforceable at law or in equity by 

any party against the United States, its departments, agencies, or entities, 

its officers, employees, or agents, or any other person. 

(d) The Secretary of Defense is authorized and directed to publish this 

memorandum in the Federal Register. 

THE WHITE HOUSE, 

Washington, August 25, 2017 

[FR Doc. 2017–18544 

Filed 8–29–17; 11:15 am] 

Billing code 5001–06–P 


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