5 U.S.C. § 4509
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.