§ 316.913 Numerical limitation on the number of appointments.

(a) Except as provided in paragraph (b) of this section, the total number of students that an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of students the agency head appointed during the previous fiscal year to a position at the GS-11 level or below (or equivalent). An appointing agency may count Pathways Internship Program appointments under § 213.3402(a) of this chapter; appointments made under this authority; and other appointments of students made using an appointing authority that was specifically created for the appointment of students. An agency may not count appointments made using direct hire authorities, other non-competitive authorities, other excepted service authorities, or selections under merit promotion authorities when establishing the limit for a given fiscal year. In calculating this limitation, agencies must round up or down to the nearest whole number, if necessary, to eliminate a decimal place. Values ending in “.5” or more may be rounded up to the nearest whole number in determining an agency's cap limitation. Values ending in less than “.5” should be rounded down to the nearest whole number in determining an agency's cap limitation. (b) OPM may establish a lower limitation on the number of students that may be appointed by an agency under paragraph (a) of this section during a fiscal year based on any factors OPM considers appropriate. OPM shall notify agencies via the OPM website and other venues (such as the Chief Human Capital Officers Council) of any changes to the numerical limitation applicable governmentwide. Changes to the numerical limit for an individual agency will be communicated directly to the agency.