No officer may receive a cash award under the provisions of this subchapter, if such officer-
(1) 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