(A) If, as of such effective date—
(i) the administrative judge would
(disregarding this section) be entitled to be
paid at a rate of pay for grade GS–15 of
the General Schedule, and
(ii) the judge’s last 3 performance ap-
praisals of record (as such a judge) exceed
the fully successful level,
such judge shall, effective as of such date, be-
come subject to such section 5372c, at the rate
that would then apply if—
(I) such section had been in effect
since the time of such judge’s original ap-
pointment, and
(II) advancements had been made
(since that time) in accordance with sub-
section (c)(2) of such section (disregarding
the matter after subparagraph (C) there-
of).
(B) If, as of such effective date, the ad-
ministrative judge—
(i) is entitled to be paid at a rate of
pay for grade GS–15 of the General
Schedule, but
(ii) does not satisfy the requirement
under subparagraph (A)(ii),
such judge shall, upon satisfying such require-
ment (including, to the extent appropriate, by
taking into account up to the judge’s last two
performance appraisals of record), become sub-
ject to such section 5372c, effective as of the
first day of the first applicable pay period be-
ginning after the date as of which such judge
satisfies such requirement, at the same rate as
if first appointed on such first day.
(C) If, as of such effective date, the admin-
istrative judge is entitled to be paid at a rate
of pay for a grade below grade GS–15 of the
General Schedule, such judge shall—
(i) upon satisfying the requirement
under subparagraph (A)(ii),
(ii) taking into account only perform-
ance appraisals for service performed, at a
rate of pay for grade GS–15 of the Gen-
eral Schedule, on or after such effective
date,
become subject to such section 5372c, effective
as of the first day of the first applicable pay pe-
riod beginning after the date as of which such
judge so satisfies such requirement, at the same
rate as if first appointed on such first day.
(D) If subparagraph (B) or (C) cannot be
applied, due to the adoption of a pass-fail
standard or any other modification in a per-
formance appraisal system, eligibility for con-
version (to the rate specified in such subpara-
graph (B) or (C), as appropriate) shall instead
be determined in accordance with procedures
which the Chairman shall by regulation pre-
scribe based on subsection (c)(3) of such section
5372c.
(2) REEMPLOYMENT CASES.—In the case of an
individual who—
(A) is first appointed as an administrative
judge before the effective date described in sub-
section (a)(3),
(B) is not serving as an administrative
judge on such effective date, and
(C) becomes reemployed as an administra-
tive judge after such effective date,
paragraph (1) shall be applied by substituting the
date as of which such individual becomes so reem-
ployed for ‘‘the effective date described in subsection
(a)(3)’’ each place it (or any other reference to such
effective date) appears.
(3) SPECIAL
AUTHORITIES.—Notwithstanding
any other provision of this section, the Chairman
may—
(A) in exceptional cases, provide for the
conversion of an administrative judge to the ap-
propriate rate for such judge under paragraph
(1) or (2) (as applicable), without regard to any
conditions of eligibility otherwise required for
such conversion; and
(B) in any case described in subparagraph
(B) or (C) of paragraph (1) (or the cor-
responding case under paragraph (2)) or a
similar case under subparagraph (A), exercise
the authority described in the second sentence
of section 5372c(c)(1) of title 5, United States
Code (as added by subsection (a)), if the Chair-
man (in his or her sole discretion) determines
that the circumstances so warrant.
(c) PHASE-IN AUTHORITY.—
(1) IN GENERAL.—Notwithstanding any other
provision of this section, if the Chairman (in his or
her sole discretion) determines that the cir-
cumstances so warrant, the rate of basic pay payable
to an administrative judge converted to the new pay
system pursuant to subsection (b) shall, during the
period described in paragraph (3), be determined in
accordance with the following:
(A) Instead of the rate of pay to which
otherwise entitled under section 5372c of title
5, United States Code (as added by subsection
(a)), such individual shall continue to be paid in
accordance with the provisions of law that
would otherwise apply (if this section had never
been enacted), subject to subparagraph (B).
(B) Instead of any adjustment in pay to
which such individual would otherwise be enti-
tled during such period under sections 5303
and 5304–5304a of title 5, United States Code,
such individual shall receive (as of the date the
adjustment under such section 5303 would oth-
erwise be scheduled to become effective in the
year involved)—
(i) a percentage adjustment under
such section 5303 equal to the same per-
centage adjustment taking effect in such
year under section 5382(c) of such title in
the case of a member of the Senior Execu-
tive 
Service 
described 
in 
section
5372c(b)(2)(B) of such title,
(ii) the same comparability payment
(expressed as a percentage) as the percent-
age taking effect in such year under sec-
tions 5303–5304a of such title in the case
of a member of the Senior Executive Serv-
ice described in section 5372c(b)(2)(B) of
such title, and
(iii) an additional $3,000,
not to exceed the limitation under paragraph
(4)(B).
(C) The provisions of this subsection shall
continue to apply (in the case of each adminis-
trative judge described in the matter before
subparagraph (A)) until such time as—
(i) this subsection terminates in ac-
cordance with paragraph (3); or
(ii) if earlier, the pay for such judge
equals the rate that would then (but for
this subsection) otherwise be payable to
such judge under such section 5372c.
(2) CONDITION FOR APPLICABILITY.—This sub-
section shall apply only if the Chairman, not later
than 1 month before the effective date described in
subsection (a)(3), determines (by order published in
the Federal Register) that the phase-in authority
under this subsection is necessary.
(3) DURATION.—If the Chairman makes a de-
termination under paragraph (2), this subsection
shall apply for the period—
(A) beginning on the effective date de-
scribed in subsection (a)(3), and
(B) ending—
(i) at the close of the year in which
the Chairman determines (by order pub-
lished in the Federal Register) that the
phase-in authority under this subsection is
no longer necessary; but
(ii) in no event later than at the close
of the 7-year period beginning on the effec-
tive date described in subsection (a)(3).
(4) LIMITATIONS.—In no event may the rate of
pay of an administrative judge (described in para-
graph (1) in the matter before subparagraph (A)
thereof)—
(A) at any time while this subsection re-
mains in effect, be less than the rate that would
then otherwise apply if this section had never
been enacted; or
(B) be increased, as a result of this sub-
section, to a rate higher than would then other-
wise apply pursuant to this section, absent this
subsection.
(5) EXCEPTION.—The Chairman may at any
time provide that an administrative judge serving as
a chief administrative judge—
(A) be excluded from the application of
this subsection; and
(B) instead be treated as if this subsection
had never been enacted.
(6) IRREVOCABILITY.—A determination under
paragraph (2), (3)(B)(i), or (5) shall be irrevocable.
(d) DEFINITIONS.—For purposes of this section, the
terms ‘‘administrative judge’’ and ‘‘Chairman’’ have the
meanings given them by section 5372c of title 5, United
States Code (as added by subsection (a)).
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