Defense and national security

Executive Order 12860: Adding Members to the Committee on Foreign Investment in the United States

President: Bill Clinton

Added three presidential offices to CFIUS membership under EO 11858; EO 13456 later rewrote that order after statutory reform.

Status: In effect. Is Executive Order 12860 still in effect? Yes. Executive Order 12860 remains in effect. See Federal Register record.

What does Executive Order 12860 do?

EO 12860 amended EO 11858 by adding the Director of the Office of Science and Technology Policy and the presidential assistants for national security and economic policy to CFIUS. After Congress enacted the Foreign Investment and National Security Act of 2007, EO 13456 rewrote EO 11858 in full. The 2008 framework made OSTP a member and identified the two presidential assistants as participating observers rather than relying on EO 12860’s text.

Administration position: The order expanded committee participation; it did not decide the national-security merits of any individual foreign investment.
SignedSeptember 3, 1993
Order amendedEO 11858
Officials addedOSTP Director and national-security and economic-policy assistants

Before and after

Before the order

The three listed presidential offices were not included by the then-current membership text.

After the order

They joined the 1993 structure; the 2008 rewrite later reorganized CFIUS membership and participation.

Who had to do what

Agency / officeActionTiming / position
OSTP DirectorServe as a CFIUS memberUnder the 1993 amendment
National-security and economic-policy assistantsParticipate as membersUnder the 1993 amendment
CFIUSApply the revised membership listUntil later statutory and executive restructuring

What happened next

EO 12860 amended EO 11858.

Congress enacted CFIUS statutory reforms.

EO 13456 rewrote EO 11858 in full.