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 Pub. L. 103–425, §2(a), Oct. 31, 1994, 108 Stat. 4370.)
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