31 CFR §23.13
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
A recipient is permitted to take an action, otherwise prohibited by § 23.11, if the action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity. An action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity, if:
- (a)Age is used as a measure or approximation of one or more other characteristics; and
- (b)The other characteristic(s) must be measured or approximated for the normal operation of the program or activity to continue, or to achieve any statutory objective of the program or activity; and
- (c)The other characteristic(s) can be reasonably measured or approximated by the use of age; and
- (d)The other characteristic(s) are impractical to measure directly on an individual basis.