Jack Fields: “Mr. Chairman, as we are having this debate I think it is important for all of us as Members not to forget certain…”

“Mr. Chairman, as we are having this debate I think it is important for all of us as Members not to forget certain points. Point No. 1 mentioned by Chairman Bliley just a moment ago is if you take this sentence out of the statute as the statute is currently drafted, you change the law. This sentence that is the subject matter of the debate comes directly from Sundstrand. Some people say that this is not important because this sentence comes from a footnote. But it is important to point out, as the chairman did just a moment ago, that in footnote 12 of Hockfelder that footnote created the issue of recklessness and whether recklessness might meet the standard of intent that was required. This sentence in Sundstrand was used to describe what was meant by the court in interpreting recklessness. This sentence has been litigated and relitigated. This sentence has stood the test of judicial review. In fact, this sentence as part of Sundstrand has been adopted by 9 of the 12 Federal circuit courts. I think it is really important for this debate to put this in perspective.”