---
kind: "section"
citation: "29 C.F.R. § 38.2"
title: "29"
number: "38.2"
heading: "Applicability."
url: "https://uscodex.org/cfr/29/38.2"
---

# §38.2. Applicability.

- (a) **Applicability.** This part applies to:
  - (1) Any recipient, as defined in [§ 38.4](/cfr/29/38.4.md);
  - (2) Programs and activities that are part of the one-stop delivery system and that are operated by one-stop partners listed in [section 121(b)](/cfr/29/121.md?p=b) of WIOA, to the extent that the programs and activities are being conducted as part of the one-stop delivery system; and
  - (3) As provided in [§ 38.18](/cfr/29/38.18.md), the employment practices of a recipient and/or one-stop partner, to the extent that the employment is in the administration of or in connection with programs and activities that are being conducted as a part of WIOA Title I or the one-stop delivery system.
- (b) **Limitation of application.** This part does not apply to:
  - (1) Programs or activities that are financially assisted by the U.S. Department of Labor (Department) exclusively under laws other than Title I of WIOA, and that are not part of the one-stop delivery system (including programs or activities implemented under, authorized by, and/or financially assisted by the Department under the Workforce Investment Act of 1998 (WIA));
  - (2) Contracts of insurance or guaranty;
  - (3) The ultimate beneficiary to a program of Federal financial assistance; and
  - (4) Federal procurement contracts, with the exception of contracts to operate or provide services to Job Corps Centers.

## Notes

### Authority

Authority: 29 U.S.C. 3101 et seq. ; 42 U.S.C. 2000d et seq. ; 29 U.S.C. 794; 42 U.S.C. 6101 et seq. ; and 20 U.S.C. 1681 et seq.

### Source

Source: 81 FR 87211, Dec. 2, 2016, unless otherwise noted.