No officer may receive a cash award under the provisions of this subchapter, if such officer—
serves in—
an Executive Schedule position under subchapter II of chapter 53; or
a position for which the compensation is set in statute by reference to a section or level under subchapter II of chapter 53; and
was appointed to such position by the President, by and with the advice and consent of the Senate.
Pub. L. 103–425, § 2(a)108 Stat. 4370(Added , , .)