5 U.S.C. § 4509. Prohibition of cash award to Executive Schedule officers

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

1. (1)
   (1)

   serves in—

   1. (A)
      (1)(A)an Executive Schedule position under subchapter II of chapter 53; or
   2. (B)
      (1)(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)
   (2)was appointed to such position by the President, by and with the advice and consent of the Senate.