WAY, ALTHOUGH HE WAS A CONSERVATIVE DEMOCRAT ON MANY SOCIAL
           ISSUES. BUT HE WAS, IN TERMS OF WHAT IS IT THAT THE PEOPLE
           NEED, WHAT IS IT THE PEOPLE SHALL HAVE, WHAT IS IT THAT I THINK
           I CAN HELP THEM GET IN A STATE WHERE -- IN FACT WHEN HE MADE
           THAT DECISION -- NOT TO RUN THAT ISS -- THE UNEMPLOYMENT RATE
           IN WEST VIRGINIA WAS SOMEWHERE AROUND 17% OR 18%. SO GOVERNMENT
           WAS VERY IMPORTANT TO SENATOR RANDOLPH, AND HE LED HIS LIFE AND

           HIS LEGISLATIVE LIFE VERY MUCH WITH THAT IN MIND. HE AND
           SENATOR BYRD WERE ELECTED AT THE SAME TIME IN 1958, BECAUSE
           THERE WAS A SPECIAL VACANCY BECAUSE OF A SPECIAL CIRCUMSTANCE.
           BUT POSITIVE, CIVIL, COURTEOUS, KIND HE WAS. I ASKED BEFORE I
           GOT UP TO -- THE SENATOR GOT UP TO MAKE THESE REMARKS WHERE HE
           SAT AND I WAS INFORMED HE SAT IN KNIVES DIFFERENT DESKS. ONE OF
           THEM IS THE DESK I THINK SENATOR LEVIN FROM MICHIGAN JUST SPOKE

           FROM. BUT OVER HIS TIME HERE, HE INSISTED ON COURTESY IN THE
           SENATE, SOMETHING WHICH HAS BEEN PARALLELED BY HIS COLLEAGUE
           FOR SO MANY YEARS, SENATOR BYRD, AND I AM TOLD BY MY
           FATHER-IN-LAW, SENATOR PERCY WHO IS ALSO HIS VERY CLOSE FRIEND,
           THAT HE WOULD OFTEN GET UP AND INSIST ON ORDER IN THE SENATE.
           HE WAS VERY MUCH A STICK LETTER FOR PROTOCOL AND ORDER --
           STICKLER, AND FOR.
           

           THE PRESIDING OFFICER: TO COME AND ORDER AND FROM VOTING FROM
           ONE'S DESK, SOMETHING SENATOR BYRD FEELS STRONGLY B I REMEMBER
           A SENATOR OF KINDNESS AND GOOD HUMOR HE WAS ALWAYS IN AN HE
           BULL YENT MOOD, WHO ACTUALLY BOUNCED SOMETIMES -- EBULLIENT
           MOOD, WHO ACTUALLY BOUNCED SOMETIMES WHEN HE TALKED HE WAS SO
           EXCITE BUILD WHAT HE WAS DOING. BUT HE DEMANDED INTEGRITY IN
           THE TREATMENT OF OTHERS, RESPECT IN THE TREATMENT OF OTHERS. HE
           WAS VERY OLD FASHIONED IN HIS WAYS AND THUS I THINK WE MISS HIM

           EVEN MORE THESE DAYS. HE DID MANY THINGS. HE WAS ALWAYS OPEN TO
           NEW IDEAS. HE ACTUALLY, MORE THAN 50 YEARS AGO, FLEW AN
           AIRPLANE THAT WAS POWERED ENTIRELY BY METHANOL FOR SOME
           DISTANCE. ONE, HE KNEW HOW TO FLY AN AIRPLANE, WHICH WAS
           UNUSUAL, SECONDLY HE DID ONE POWERED BY METHANOL WHICH WAS
           UNPRECEDENTED. HE INVOLVED HIMSELF FROM A VERY EARLY AGE, AND
           HE DID SO WITH EXTRAORDINARY EFFECTIVENESS. I COULD TALK FOR

           THE HOUR WHICH I WILL NOT ABOUT WHAT HE ACCOMPLISHED. EVERYBODY
           KNOWS THAT HE REALLY WAS THE FOUNDER OF THE APPALACHIAN
           REGIONAL COMMISSION, WHICH HAS DONE SO MUCH TO HELP NOT ONLY
           THE STATE HE LOVED, WEST VIRGINIA, BUT 12 OTHER STATES IN
           ADDITION TO THAT, AND HE WAS A PRINCIPAL ARCHITECT OF THE
           HIGHWAY SYSTEM WHICH HELPS TO PLACE HIM IN TIME BECAUSE THAT
           WAS DONE, AS YOU KNOW, THE MIDDLE AND LATE 1950'S. I THINK THE

           PROUD HE IS THE OF ALL OF HIS ACHIEVEMENTS OR THE ONE THAT
           CAUSED HIM TO TALK THE MOST AND BE THE MOST ENTHUSIASTIC ABOUT
           WAS THE 26TH AMENDMENT AND HE WAS THE AUTHOR AND THE DRIVER OF
           THE 26TH AMENDMENT WHICH GAVE 18 YEARS OLD THE RIGHT TO VOTE IN
           THIS COUNTRY. HE PROTECTED THE ENVIRONMENT WITH FEROCITY, HE
           WAS TREMENDOUSLY INTERESTED IN COAL AS WELL AS THE ENVIRONMENT,
           IN WORKER SAFETY, AND AS I HAVE INDATED IN AVIATION ISSUES AND

           JUST IN SIMPLY COUNTLESS OTHER AREAS. HE WAS PRO DID I UNITED
           STATES IN HIS VOLUME OF OUT -- PRODIJIOUS IN HIS OUTPUT. HE WAS
           CHAIRMAN AFTER POWERFUL COMMITTEE AND CHAIRMAN OF THAT
           COMMITTEE FOR A VERY LONG TIME, AND THAT WAS IN THE DAYS WHEN
           THE SENATE TENDED TO BE MORE IN CONTROL OF ONE PARTY THAN THE
           OTHER FOR A VERY LONG TIME, AND HE WORKED THE SCOOP JACKSONS
           AND LYNDON JOHNSONS AND ALL OF THE OTHERS AND THEY WERE ABLE TO
           ACCOMPLISH AN ENORMOUS AMOUNT AND HE DID THAT AND HE LOVED IT.

           HE LOVED DOING THAT. HE FRANKLY LOVED LAYING PAVEMENT OUT
           ACROSS THE WIDE HORIZONS OF OUR COUNTRY. THERE WAS AN
           INTERESTING ASPECT TO SENATOR RANDOLPH. HE WAS INTENSE ABOUT
           ALL OF HIS WORK, BUT HE WAS VERY MUCH OF A UNITED STATES
           SENATOR FROM THE STATE OF WEST VIRGINIA. HE ACCEPTED FULL
           RESPONSIBILITY FOR THE TY TELL UNITED STATES SENATOR, AND
           ENACTED -- TITLE OF UNITED STATES SENATOR, AND ENACTED ON ALL
           MATTERS RELATING TO THAT WITH INCISIVENESS AND CAREFUL THOUGHT.

           BUT HE LIKED TO SAY AND OFTEN SAID AND SAID WITH GREAT PRIDE
           THAT I AM, "I AM ESSENTIALLY A WEST VIRGINIA SENATOR. I AM NOT
           WHAT YOU WOULD CALL A NATIONAL SENATOR OR AN INTERNATIONAL
           SENATOR." I THINK IF HE WERE HERE TODAY, I AM NOT SURE THE
           WORDS WOULD BE THAT DIFFERENT. AND TO UNDERSTAND THAT ONE HAS
           TO UNDERSTAND HIS ROOTS. HE WAS BORN IN THIS TINY COMMUNITY OF
           SALEM, WEST VIRGINIA, NOW THE HOME OF PROBABLY AS MANY JAPANESE

           STUDENTS IN SOMETHING IN A SAY LEVEL-TOKYO UNIVERSITY AS RESIDE
           ANYWHERE ELSE IN THIS COUNTRY. HIS FATHER WAS THE MAYOR OF
           SALEM. HE WAS BORN WITH VERY LITTLE MONEY, AND HE WORKED HIS
           WAY IN FARM JOBS. HE KNEW AGRICULTURE VERY WELL. HE WORKED FOR
           ANYBODY THAT WOULD GIVE HIM A JOB TO PUT A FEW DOLLARS IN HIS
           POCKET SO HE COULD FURTHER HIS EDUCATION, AND PROVE HIS

           POSSIBILITIES. I LIKE THAT ABOUT HIM, BECAUSE HE WAS UTTERLY A
           RURAL SENATOR. BUT WITH AN URBAN REACH WHEN IT CAME TO THE
           NATIONAL PART OF HIS RESPONSIBILITIES. HE STARTED IN
           JOURNALISM, AND WAS ALWAYS A PROLY U. LIFK WRITER. HE MARRIED
           MARY KATHRYN BAB BACK AND ONE ELECT TO THE UNITED STATES AT THE

           AGE OF 30. ONE DID DO THAT BUT ONE CAN'T GO MUCH LESS EQUALLY.
           BUT THEN IT WAS EXTRAORDINARY TO BE ABLE TO DO THAT. AND I
           INDICATED HE HAS TWO SONS, JAY AND FRANK. SO MORE THAN 50 YEARS
           LATER, MADAM PRESIDENT, I THINK THAT THE GRACIOUS LADY WHO
           OCCUPIES THE PRESIDING OFFICER'S CHAIR WILL UNDERSTAND THAT IT
           IS QUITE A FEELING FOR ME TO HAVE SUCCEEDED HIM, TO HAVE BEEN

           ALLOWED TO SUCCEED HIM BY HIS OWN GESTURE OF GENEROSITY, AND
           FRANKLY JUST TO BE ABLE TO SUCCEED HIM. HE IS LONG REMEMBERED
           IN THIS BODY AS WELL AS IN THE HOUSE FOR THE VERY EXCEPTIONAL
           NATURE THAT HE HAD, HIGH OPTIMISM, GREAT CONFIDENCE, ENORMOUS
           BELIEF IN COUNTRY, AND HIS ABSOLUTE LOVE FOR HIS STATE. AND HE
           ALSO, AND I WILL SAY THIS IN CLOSING, HE HAD A GREAT LOVE FOR
           HIS PROFESSION, AND IN THAT I THINK MANY OF US JOIN HIM. HE WAS

           NOT ONE OF THOSE WHO FELT THAT BEING IN PUBLIC SERVICE WAS SOME
           KIND OF A SECOND CHOICE. I THINK HE FELT IT WAS THE BEST CHOICE
           OF ALL. HE WAS SOMEBODY WHO HONORED HIS CRAFT, WHO BROUGHT
           GREAT DISTINCTION TO HIS CRAFT, WHO NEVER COMPROMISED ON HIS
           PRINCIPLES, AND WHEN HE FACED A WEST VIRGINIA AUDIENCE OR A
           SENATE CHAMBER, COULD STAND TALL AND STRONG AND BROAD
           SHOULDERED AS HE WAS, AND DO HIS WORK, BECAUSE HE KNEW HE WAS
           IN A WORK WHICH WAS ENORMOUSLY IMPORTANT FOR HELPING THE PEOPLE

           THAT HE SO LOVED FROM THE STATE OF WEST VIRGINIA. SO THIS IS A
           DAY AND A TIME THAT WE HAVE REASON TO REFLECT ON JENNINGS
           RANDOLPH AND WHAT MADE HIM AN EXCEPTIONAL PERSON. IT'S SAD, I
           THINK, THIS TRADITION IN THE SENATE WHEN WE DO THIS ABOUT
           SENATORS WHEN THEY DIE. IT WOULD BE ALMOST IMPOSSIBLE TO CREATE
           A TRADITION TO DO THAT WHILE THEY WERE STILL LIVING, BUT IT
           WOULD BE NICE IF THEY COULD HEAR WHAT IT WAS THAT WE SAY ABOUT
           THEM, AND I SUSPECT THAT SENATOR JENNINGS RANDOLPH IS ABLE TO

           HEAR AND TO KNOW ON THIS DAY AND DAYS THAT SUCCEED WHAT HAZE
           COLLEAGUES THINK ABOUT HIM. -- HIS COLLEAGUES THINK ABOUT HIM.
           I AM PERSONALLY GRATEFUL AS IS OBVIOUS. I AM SURE I WOULD NOT
           BE HERE IF IT WERE NOT NOR JENNINGS RANDOLPH, AND I KNOW THAT
           MY COLLEAGUES JOIN ME IN OUR PRAYERS AND THOUGHTS FOR HIS
           FAMILY, AND THANKING JENNINGS RANDOLPH FOR HIS ENORMOUS
           CONTRIBUTION TO A CRAFT WHICH WE CALL "PUBLIC SERVICE," AND WE

           DO THAT WITH HONOR AND PRIDE. I THANK THE PRESIDING OFFICER.

           MR. WYDEN: MADAM PRESIDENT?
           
           

           THE PRESIDING OFFICER: THE SENATOR FROM OREGON IS RECOGNIZED.
           

           MR. WYDEN: MADAM PRESIDENT, I ASK UNANIMOUS CONSENT TO SPEAK AS
           IF IN MORNING BUSINESS.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION.
           

           MR. WYDEN: THANK YOU, MADAM PRESIDENT. BEFORE THE SENATOR FROM
           WEST VIRGINIA LEAVES THE FLOOR, LET ME SAY I THOUGHT HE WAS
           EXTRAORDINARILY ELOQUENT, AND I GOT A CHANCE TO KNOW SENATOR
           RANDOLPH A BIT AS A MEMBER OF THE HOUSE, AND YOUR STATEMENT
           HERE TODAY REALLY SUMS UP THE EXTRAORDINARY QUALITIES OF THIS
           GREAT MAN. I AM VERY PLEASED TO HAVE BEEN ABLE TO BE HERE FOR A
           FEW MINUTES TO HEAR YOUR VERY FINE SPEECH. MADAM PRESIDENT, WE

           HAD A THOUGHT NULL DISCUSSION ON THE FLOOR OF THE SENATE
           EARLIER TODAY WITH SENATORS MCCAIN AND SENATORS DORGAN
           ESPECIALLY WITH RESPECT TO THE HIGH-TECH ISSUES THAT WILL BE
           COMING UP OVER THE COURSE OF THIS WEEK. IN A SENSE IT IS IRONIC
           THAT WE CALL IT HIGH-TECH WEEK HERE. I AM VERY PLEASED THAT
           SENATOR LOTT AND SENATOR DASCHLE HAVE BEEN ABLE TO GET AN
           AGREEMENT TO DEAL WITH THESE ISSUES, AND IN A SENSE WE ARE
           GOING TO BE DEALING WITH HIGH-TECH ISSUES ALL YEAR ROUND AS WE

           FACE THE 21ST CENTURY. IT IS NOT GOING TO BE SOMETHING THAT WE
           JUST LOOK AT FROM TIME TO TIME BUT IT WILL ESSENTIALLY
           DOMINATE, IN MY VIEW, THE DEBATE ABOUT PUBLIC POLICY IN THE
           YEARS AHEAD. I AM PARTICULARLY HOPEFUL THAT THIS WEEK WE WILL
           HAVE AN OPPORTUNITY ON THE SENATE FLOOR TO DEBATE THE INTERNET
           TAX FREEDOM ACT WHICH, AS OUR PRESIDING OFFICER KNOWS, WAS
           DEBATED AT SOME LENGTH IN THE SENATE COMMERCE COMMITTEE EARLIER

           THIS YEAR. MY SENSE IS THAT THESE TAX ISSUES ARE ESPECIALLY
           IMPORTANT BECAUSE IT IS SO CRITICAL THAT OUR COUNTRY LAY OUT A
           SET OF GROUND RULES, A SET OF PRINCIPLES THAT WILL ADDRESS THE
           QUESTION OF TAXATION AND THE DIGITAL ECONOMY. RIGHT NOW YOU CAN
           LIVE IN THE DAKOTAS, YOU WANT TO SEND A TASTY FRUIT BASKET FROM
           A COMPANY IN OREGON, ORDER IT ONLINE SAY FROM A FIRM IN

           VIRGINIA, AND PAY FOR IT WITH A FLORIDA BANK CARD, AND END UP
           ABSOLUTELY BAFFLED WITH RESPECT TO HOW MANY JURISDICTIONS MAY
           BE IN A POSITION TO IMPOSE TAXES ON THIS PARTICULAR
           TRANSACTION. WE HAVE ALREADY HEARD IN TESTIMONY BEFORE THE
           COMMITTEE THAT THE UNCERTAINTY SURROUNDING THESE TRANSACTIONS
           HAS CAUSED SOME BUSINESSES TO GO UNDER. IN PARTICULAR WE HEARD
           FROM A SMALL BUSINESS IN TENNESSEE ABOUT THE PROBLEM. "THE WALL

           STREET JOURNAL" RECENTLY REPORTS IN A PEAT-MARWICK SURVEY THAT
           MANY FINANCIAL EXECUTIVES ARE UNCERTAIN WITH RESPECT TO HOW
           TRANSACTIONS WILL BE HANDLED IN IGH BETTER SPACE, AND THIS HAS
           CONTRIBUTED TO -- CYBERSPACE AND THIS HAS CONTRIBUTED TO
           UNCERTAINTY TO GO FORWARD AND DO BUSINESS ONLINE, AND RECENTLY
           ONE OF THE PROMINENT ANALYSTS  A FIRM BY THE NAME OF VERTAX
           CITED SEVERAL STATES WHERE IT WAS REALLY IMPOSSIBLE TO KNOW HOW

           TO PROCEED WITH RESPECT TO ELECTRONIC COMMERCIAL TRANSACTIONS
           BECAUSE IN EFFECT THE RULES WERE SO FLUID THAT WOULD YOU HAVE
           TO GET AN INTERPRETATION OF TAX LAW THAT REALLY WAS NOT
           WRITTEN. SO I AND OTHERS HAVE INTRODUCED THE INTERNET TAX
           FREEDOM ACT, AND IT'S PURPOSE IS SIMPLE. THAT IS TO GIVE
           CONSUMERS AND BUSINESSES ENGAGED IN ELECTRONIC COMMERCE A TIME

           OUT FROM DISCRIMINATORY TAXES SO THAT OUR COUNTRY CAN DEVELOP A
           FAIR AND REASONABLE POLICY ON INTERNET TAXATION. AND WE ARE
           VERY PROUD OF THE STRONG BIPARTISAN SUPPORT THAT THIS EFFORT
           HAS RECEIVED. GOVERNOR GEORGE BUSH, FOR EXAMPLE, FROM THE STATE
           OF TEXAS, HAS RECENTLY SPOKEN OUT ON THIS ISSUE. OUR COLLEAGUE,
           SENATOR PAT LEAHY OF VERMONT, STREEFB "FORBES", THE LIST OF
           SUPPORTERS -- STEVE "FORBES", THE LIST OF SUPPORTERS FOR THIS

           EFFORT LITERALLY SPANS THE SPECTRUM. I BELIEVE THE REASON IT
           HAS BEEN POSSIBLE TO GENERATE SUCH
{END: 1998/05/11 TIME: 18-00 , Mon.  105TH SENATE, SECOND SESSION}