---
kind: "section"
citation: "5 U.S.C. § 3114"
title: "5"
title_heading: "Government Organization and Employees"
number: "3114"
heading: "Appointment of candidates to certain positions in the competitive service by the Securities and Exchange Commission"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3114"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 31 — Authority for Employment"
  - "Subchapter I — Employment Authorities"
---

# §3114. Appointment of candidates to certain positions in the competitive service by the Securities and Exchange Commission

- (a) **Applicability.—** This section applies with respect to any [position](/usc/5/5102.md?p=a-3) of accountant, economist, and securities compliance examiner at the Commission that is in the competitive [service](/usc/5/8401.md?p=26), and any [position](/usc/5/5102.md?p=a-3) at the Commission in the competitive [service](/usc/5/8401.md?p=26) that requires specialized knowledge of financial and capital market formation or regulation, financial market structures or surveillance, or information technology.
- (b) **Appointment Authority.—**
  - (1) **In general.—** The Commission may appoint candidates to any [position](/usc/5/5102.md?p=a-3) described in [subsection (a)](#a)—
    - (A) in accordance with the statutes, rules, and regulations governing appointments in the excepted [service](/usc/5/8401.md?p=26); and
    - (B) notwithstanding any statutes, rules, and regulations governing appointments in the competitive [service](/usc/5/8401.md?p=26).
  - (2) **Rule of construction.—** The appointment of a candidate to a [position](/usc/5/5102.md?p=a-3) under [authority](/usc/5/7103.md?p=a-6) of this subsection shall not be considered to cause such [position](/usc/5/5102.md?p=a-3) to be converted from the competitive [service](/usc/5/8401.md?p=26) to the excepted [service](/usc/5/8401.md?p=26).
- (c) **Reports.—** No later than 90 days after the end of fiscal year 2003 (for fiscal year 2003) and 90 days after the end of fiscal year 2005 (for fiscal years 2004 and 2005), the Commission shall submit a report with respect to its exercise of the [authority](/usc/5/7103.md?p=a-6) granted by [subsection (b)](#b) during such fiscal years to the Committee on [Government](/usc/5/4101.md?p=3) Reform and the Committee on Financial [Services](/usc/5/8401.md?p=26) of the House of Representatives and the Committee on Governmental Affairs and the Committee on Banking, Housing, and Urban Affairs of the Senate. Such reports shall describe the changes in the hiring process authorized by such subsection, including relevant information related to—
  - (1) the quality of candidates;
  - (2) the procedures used by the Commission to select candidates through the streamlined hiring process;
  - (3) the numbers, types, and [grades](/usc/5/5102.md?p=a-5) of [employees](/usc/5/4701.md?p=a-2) hired under the [authority](/usc/5/7103.md?p=a-6);
  - (4) any benefits or shortcomings associated with the use of the [authority](/usc/5/7103.md?p=a-6);
  - (5) the effect of the exercise of the [authority](/usc/5/7103.md?p=a-6) on the hiring of veterans and other demographic groups; and
  - (6) the way in which managers were trained in the [administration](/usc/5/9801.md?p=1) of the streamlined hiring [system](/usc/5/8401.md?p=29).
- (d) **Commission Defined.—** For purposes of this section, the term “Commission” means the Securities and Exchange Commission.

## Source credit

(Added Pub. L. 108–44, § 2(a), July 3, 2003, 117 Stat. 842; amended Pub. L. 111–203, title IX, § 929G(a), July 21, 2010, 124 Stat. 1855.)

## Notes

### Editorial Notes

### Amendments

2010—Pub. L. 111–203 substituted “Appointment of candidates to certain positions in the competitive service by the Securities and Exchange Commission” for “Appointment of accountants, economists, and examiners by the Securities and Exchange Commission” in section catchline, added subsec. (a), and struck out former subsec. (a). Prior to amendment, text read as follows: “This section applies with respect to any position of accountant, economist, and securities compliance examiner at the Commission that is in the competitive service.”

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.

### Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking.