116 STAT. 516 PUBLIC LAW 107-171—MAY 13, 2002 under this subchapter is at a higher grade than the last grade the employee had while an employee of the county committee; "(2) the same step of the grade as the employee last held during service with the county committee, if the Federal Civil Service position under this subchapter is at the same grade as the last grade the employee had while an employee of the county committee; or "(3) the lowest step of the Federal grade for which the rate of basic pay is equal to or greater than the highest previous rate of pay of the employee, if the Federal Civil Service position under this subchapter is at a lower grade than the last grade the employee had while an employee of the county committee.". ^ SEC. 10702. COMMODITY FUTURES TRADING COMMISSION PAY COM- PARABILITY. (a) APPOINTMENT AND COMPENSATION OF EMPLOYEES OF THE COMMISSION.— Section 2(a) of the Commodity Exchange Act (7 U.S.C. 2(a)) is amended— (1) by redesignating paragraphs (7) through (11) as paragraphs (8) through (12), respectively; and (2) by inserting after paragraph (6) the following: "(7) APPOINTMENT AND COMPENSATION. — "(A) IN GENERAL. —The Commission may appoint and fix the compensation of such officers, attorneys, economists, examiners, and other employees as may be necessary for carrying out the functions of the Commission under this Act. "(B) RATES OF PAY.— Rates of basic pay for all employees of the Commission may be set and adjusted by the Commission without regard to chapter 51 or subchapter III of chapter 53 of title 5, United States Code. "(C) COMPARABILITY.— "(i) IN GENERAL.— The Commission may provide additional compensation and benefits to employees of the Commission if the same type of compensation or benefits are provided by any agency referred to in section 1206(a) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833b(a)) or could be provided by such an agency under applicable provisions of law (including rules and regulations). "(ii) CONSULTATION.— In setting and adjusting the total amount of compensation and benefits for employees, the Commission shall consult with, and seek to maintain comparability with, the agencies referred to in section 1206(a) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833b(a)). ". (b) REPORTING OF INFORMATION BY THE COMMISSION.—Section 1206 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833b) is amended— (1) by striking "The Federal" and inserting the following: "(a) IN GENERAL. —The Federal"; and (2) by adding at the end the following: "(b) COMMODITY FUTURES TRADING COMMISSION.—In establishing and adjusting schedules of compensation and benefits for
�
