The part 75 rule has no triggering language, so it reads as if the expectation is that recipients and contractors are to make every effort to meet the benchmarks regardless of the actual workforce need. To that end, and if my reading is correct, what if the contractor and/or recipient have no need to hire, what are they expected to do toward achieving the benchmarks when they have none or a tiny fraction of actual Section 3 persons on current payroll?

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Response From HUD: 

Under the statute, employers receiving funds are required to make employment opportunities available to low- and very low-income individuals.

So, if a contractor receives Section 3 funds, that contractor would need to reevaluate the current workforce and possibly certify existing workers as Section 3 workers OR hire Section 3 workers to meet benchmarks.

Again, if benchmarks are unable to be met, the recipient can show qualitative measures to meet safe harbor. §75.15(b) and §75.25(b)

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