---
kind: "section"
citation: "5 U.S.C. § 5103"
title: "5"
title_heading: "Government Organization and Employees"
number: "5103"
heading: "Determination of applicability"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/5103"
units:
- "Part III — Employees"
- "Subpart D — Pay and Allowances"
- "Chapter 51 — Classification"
---
# §5103. Determination of applicability
The [Office](/usc/5/5402.md?p=3) of Personnel Management shall determine finally the applicability of [section 5102 of this title](/usc/5/5102.md) to specific [positions](/usc/5/5102.md?p=a-3) and [employees](/usc/5/4701.md?p=a-2), except for [positions](/usc/5/5102.md?p=a-3) and [employees](/usc/5/4701.md?p=a-2) in the [Office](/usc/5/5402.md?p=3) of the Architect of the Capitol.
## Source credit
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 446; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
## Notes
| Historical and Revision Notes | | |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and
Statutes at Large |
| | 5 U.S.C. 1083. | Oct. 28, 1949, ch. 782, § 203, 63 Stat. 956. |
| | 5 U.S.C. 1084(c). | Oct. 28, 1949, ch. 782, § 204(c), 63 Stat. 957.
Sept. 1, 1954, ch. 1208, § 105(b), 68 Stat. 1106. |
Former sections 1083 and 1084(c) are combined and restated for clarity. The words “hereinafter referred to as the Commission” in former section 1083 are omitted as unnecessary. The exception from “section 1082 (except paragraph (7) thereof)” in former section 1084(c) is carried into section 5102(d).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
### Editorial Notes
### Amendments
1978—Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
### Statutory Notes and Related Subsidiaries
### Effective Date of 1978 Amendment
Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.