§ 1–632.02. Specific supersession of existing laws and agreements.

(a) The following provisions of Title 5 of the United States Code are superseded for all employees of the District of Columbia Government:

(1) General regulations authority. — Provisions of:

(A) 5 U.S.C. § 1302(b) and (c) (relating to the development of regulations affecting employees of the District of Columbia); and

(B) 5 U.S.C. § 1304(a)(3) (relating to loyalty investigations affecting employees of the District of Columbia);

(2) General provisions of law relating to employees. —

(A) 5 U.S.C. § 2102(a)(3) (relating to employees of the District of Columbia in the competitive service);

(B) 5 U.S.C. § 2108(3)(E) (relating to certain preferences to veterans for employment with the District of Columbia government); and

(3) Employment and retention. —

(A) 5 U.S.C. § 3101 (relating to general employment authority of the District of Columbia government);

(B) 5 U.S.C. § 3102(b)(1)(C) and (b)(2) (relating to the employment of readers for blind employees of the District of Columbia government);

(D) 5 U.S.C. § 3110(b) (relating to the employment of relatives of incumbents by the District of Columbia government);

(E) 5 U.S.C. §§ 3315(a) and 3316 (relating to the employment of preference eligibles by the District of Columbia government);

(F) 5 U.S.C. § 3320 (relating to the District of Columbia government excepted service);

(G5 U.S.C. § 3323(a) (relating to automatic separations and the re-employment of annuitants by the District of Columbia government);

(H) 5 U.S.C. § 3333(a) and (b) (relating to loyalty of and striking against the government by employees of the District of Columbia government);

(I) 5 U.S.C. §§ 3351 and 3363 (relating to transfers and promotion of employees of the District of Columbia government);

(J) 5 U.S.C. § 3504 (relating to retention of preference eligible employees of the District of Columbia government); and

(K) 5 U.S.C. § 3551 [repealed] (relating to restoration of positions after active or duty training by employees of the District of Columbia government);

(4) Employee performance. —

(A) 5 U.S.C. §§ 4101(1)(F) and (3), 4301(1)(F) and (2)(D) (relating to training and performance and ratings of employees of the District of Columbia government); and

(B) 5 U.S.C. § 4501(1)(G), (2)(B) and (3) (relating to incentive awards for employees of the District of Columbia government);

(5) Pay and allowances. —

(A) 5 U.S.C. § 5102(a)(1)(G) (relating to the classification of employees of the District of Columbia government);

(B) 5 U.S.C. § 5307(a)(1) (relating to the fixing of pay by administrative action for certain employees of the District of Columbia government);

(C) 5 U.S.C. § 5337(a)(2) [repealed] (relating to pay savings provisions for certain general schedule employees of the District of Columbia government);

(D) 5 U.S.C. § 5344(b) (relating to the effective date of wage increases for certain employees of the District of Columbia government);

(E) 5 U.S.C. § 5349(a) (relating to employees in recognized trades and crafts employed by the District of Columbia government);

(F) 5 U.S.C. §§ 5351(1), 5352 and 5353 (relating to student employees employed by the District of Columbia government);

(G) 5 U.S.C. §§ 5504(a)(3), (b)(3)(D), 5506, 5508, 5515, 5521(1)(E), (3)(B), 5522(c), 5523(a)(1)(B), (c), 5527(b), 5531(2), 5532 [repealed], 5534, 5534a, 5537(a)(2), 5541(1)(G), (2)(B), (2)(C)(ii), (iii), (iv), 5546(b), 5551(a), 5552, 5581(1)(B), (2), 5583(b)(1), 5595(1)(D), (d), (f) and 5596(a)(5) (relating to pay administration for employees of the District of Columbia government);

(H) 5 U.S.C. §§ 5701(1)(E), (5) and 5721(1)(H) and (4) (relating to travel, transportation, and subsistence allowances for employees of the District of Columbia government); and

(I) 5 U.S.C. §§ 5901(a), 5945 and 5946(1) (relating to certain allowances for employees of the District of Columbia government);

(6) Leave. — 5 U.S.C. §§ 6101(a)(1), (a)(2), (a)(3), (a)(4), 6103(c), 6104, 6301(2)(B), 6306(a), 6307(a), (c), 6308, 6322(a), (b), 6323, 6324(a), (b)(1), and 6326(a) (relating to attendance and leave provisions for employees of the District of Columbia government);

(7) Loyalty, striking and civil disorders. — 5 U.S.C. §§ 7311, 7313(a), and 7351 (relating to loyalty, striking and participation in civil disorders by employees of the District of Columbia government and rendering gifts to supervisors);

(8) Adverse actions. — 5 U.S.C. § 7511(1) (relating to adverse actions affecting certain employees of the District of Columbia government);

(9) Safety programs. — 5 U.S.C. § 7902(a)(2) (relating to safety programs for employees of the District of Columbia government); and

(10) Compensation for work injuries. — 5 U.S.C. §§ 8101(1)(D) and 8139 (relating to workmen’s compensation claims for employees of the District of Columbia government).

(b) Notwithstanding the provisions of this subchapter or Title 5 of the United States Code, the Mayor is authorized to establish rates of pay for employees in the Career, Excepted and Executive Services of the District of Columbia government. Such rates of pay shall be established in accordance with the provisions of subchapter XI of this chapter.

(Mar. 3, 1979, D.C. Law 2-139, § 3202, 25 DCR 5740; Aug. 1, 1979, D.C. Law 3-14, § 2(d), 25 DCR 10565; Sept. 26, 1980, D.C. Law 3-109, § 2, 27 DCR 3785; Oct. 5, 1985, D.C. Law 6-43, § 2(b), 32 DCR 4484; Apr. 30, 1988, D.C. Law 7-104, § 36(d), 35 DCR 147.)

Prior Codifications

1981 Ed., § 1-633.2.

1973 Ed., § 1-362.2.

Section References

This section is referenced in § 1-636.02.

References in Text

5 U.S.C. § 3551, cited in (a)(3)(K), was repealed by the Act of Oct. 13, 1994, P.L. 103-353, § 2(b)(2)(B), 108 Stat. 3169.

5 U.S.C. § 4301(1)(F), cited in subsection (a)(4)(A), does not exist.

5 U.S.C. § 5102(1)(G), referred to in (a)(5)(A), is now 5 U.S.C. § 5102(1)(F).

5 U.S.C. § 4301(2)(D), cited in subsection (a)(4)(A), makes no reference to the District of Columbia.

5 U.S.C. § 5307(a)(1), referred to in (a)(5)(B) is now found at 5 U.S.C.§ 5306.

5 U.S.C. § 5337(a)(2), referred to in subsection (a)(5)(C), was repealed by § 801(a)(2) of the Act of October 13, 1978, Pub. L. 95-454, 92 Stat. 221.

5 U.S.C. § 5523(a)(1)(B), referenced in (a)(5)(G), no longer exists in light of the amendment to that section by the Act of Oct. 28, 1991, P.L. 102-138, § 147(a), 105 Stat. 669.