On the recordFebruary 15, 2018
I thank the gentlewoman for offering this amendment and being the original sponsor of this legislation. I support the amendment. The substantial progress provision in H.R. 620 provides needed flexibility in cases in which removing a barrier is halted for reasons beyond the business' control. For example, a business may not be able to pour concrete in Alaska during the winter to fix a ramp. Likewise, a business may find that getting a building permit from their local government is taking longer than expected. In these cases, as well as other unexpected events, the substantial progress provision provides judges with a discretionary standard to determine whether the improvements and progress by the business are both material and meaningful. This clarifying amendment further defines the term ``substantial progress'' to make clear that circumstances beyond the business' control--owner--are the only allowable justifications for not making substantial progress within the required time. The amendment will help provide more access for the disabled. I support it because it makes this legislation better.
