No officer may receive a cash award under the provisions of this subchapter, if such officer—

serves in—

(A) an Executive Schedule position under subchapter II of chapter 53; or

(B) a position for which the compensation is set in statute by reference to a section or level under subchapter II of chapter 53; and

(2) was appointed to such position by the President, by and with the advice and consent of the Senate.

(Added Pub. L. 103–425, § 2(a), Oct. 31, 1994, 108 Stat. 4370.)