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

1. (1) serves in—

   1. (A) an Executive Schedule position under subchapter II of chapter 53; or
   2. (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. (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.)