Executive Order 12573 --
Amending Executive Order No. 11157 as It Relates to Incentive Pay for Hazardous
Duty
By
the authority vested in me as President of the
Section 1. (a) Executive Order No. 11157 of June
22, 1964, as amended, is further amended by adding at the end of subsection (h)
of Section 109 of Part I, the following sentence:
``The
use of solid fumigant formulations, such as aluminum phosphide,
magnesium phosphide and calcium cyanide, in the
outdoor control of burrowing animals does not qualify a member for incentive
pay under this subsection.''
(b)
Executive Order No. 11157 is further amended by adding at the end of Section
109 of Part I, the following new subsection:
``(j)
The term `the handling of chemical munitions (or components of such munitions)'
shall be construed to mean duty performed by members as a primary duty which
routinely requires (1) direct physical handling of toxic chemical munitions
incident to storage, maintenance, testing, surveillance, assembly, disassembly,
demilitarization, or disposal of said munitions; (2) direct physical handling
of chemical surety material, as defined by the Secretary concerned, incident to
manufacture, storage, testing, laboratory analysis, detoxification, or disposal
of said material; (3) direct physical handling of toxic chemical munitions
incident to technical escort of shipments of said munitions; (4) direct
physical handling of chemical surety material, as defined by the Secretary
concerned incident to technical escort of shipments of said material. The term
does not include the handling of the individual components of binary chemical
agents or munitions. The term does not include user handling incident to
loading, firing, or otherwise launching the toxic chemical munitions nor field
storage operations during hostilities. The term also excludes the handling of
Research, Development, Testing and Evaluation Dilute Solutions of toxic
chemicals as defined by the Secretary concerned. It also excludes the handling
of riot control agents, chemical defoliants and herbicides, smoke, flame and
incendiaries, and industrial chemicals. The entitlement to the pay provided for
in this subsection is based upon the performance of such duty that has the
potential for accidental exposure to chemical agents and not upon actual
quantifiable exposure to such agents. Therefore, neither the construction of
the term nor the receipt of pay provided for in this subsection may be
construed as indicating that any person entitled to such pay actually has been
exposed to chemical agents contrary to the provisions of any statute, executive
order, rule, or regulations relating to the health and safety which is
applicable to the uniformed services.''
Sec. 2. The amendment made by this Order to
Executive Order No. 11157 relating to chemical munitions shall be effective as
of
Ronald
Reagan
The
White House,
[Filed
with the Office of the Federal Register,