Military Service by Transgender Individuals, 41319-41320 [2017-18544]

Agencies

• Executive Office of the President

[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Presidential Documents]
[Pages 41319-41320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18544]




                        Presidential Documents 



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

[[Page 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

[[Page 41320]]

                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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, August 25, 2017

[FR Doc. 2017-18544
Filed 8-29-17; 11:15 am]
Billing code 5001-06-P