(a) In accordance with 5 U.S.C. 4508, agencies shall not grant awards under this subpart during a Presidential election period to employees who are—

1. (1) In a Senior Executive Service position and not a career appointee as defined under 5 U.S.C. 3132(a)(4); or
2. (2) In an excepted service position of a confidential or policy-determining character (schedule C).

(b) In accordance with 5 U.S.C. 4509, agencies shall not grant cash awards under this subpart to employees appointed by the President with Senate confirmation who serve in—

1. (1) An Executive Schedule position, or
2. (2) A position for which pay is set in statute by reference to a section or level of the Executive Schedule.