[Congressional Record (Bound Edition), Volume 152 (2006), Part 2]
[Senate]
[Pages 2690-2692]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     HONORING A. ERNEST FITZGERALD

  Mr. GRASSLEY. Mr. President, a patriotic civil servant is going home. 
Mr. A. Ernest Fitzgerald has finally called it quits. His 42-year 
career, including Navy service in World War II, came to a close on 
Friday, March 3. He has walked out of the Pentagon for the last time. 
He has retired.
  Although Mr. Fitzgerald's first name is Arthur, most of us know him 
fondly under the name of Ernie. Ernie is probably the most famous 
whistleblower of all time, and I think of him as the father of all 
whistleblowers, the chief whistleblower. He set an example for all of 
the whistleblowers who have followed in his footsteps.
  Ernie is a man of great courage and integrity.
  I dreamed for a long time that someday some duly certified 
whistleblower would be honored by a President, even this President, at 
a Rose Garden ceremony. Ernie is a perfect candidate for such a Rose 
Garden ceremony, but I don't think that he is going to get that honor. 
It may never happen. At least it may not happen in my lifetime. But of 
course I believe it should happen because that would be the right thing 
to do, to send a signal from the highest levels of Government all the 
way to the bowels of the bureaucracy that patriotic people who are 
willing to blow the whistle on something that is wrong in Government 
would be honored for being that patriotic person.
  Courageous souls such as Ernie Fitzgerald make our Nation and our 
Government stronger and better. They help to strengthen and keep the 
public trust. They help to make the Government transparent and 
accountable, and that is exactly what the citizens of this country want 
and what the citizens of this country ought to expect.
  That is why we must always help whistleblowers such as Ernie 
Fitzgerald. Being a whistleblower is a tough business. They need our 
constant support and protection because within the bureaucracy they are 
treated like a skunk at a picnic. Those, such as Ernie, who have 
stepped forward and put their careers and reputations on the line in 
the defense of truth in Government deserve the highest honor.

[[Page 2691]]

  Ernie did not make it to the Rose Garden, but he got pretty close. He 
got the next best thing. He left the Pentagon with his dignity and 
honor intact.
  In a moment I want to explain how that happened. But first I wish to 
speak briefly about what Ernie did because he was always a source of 
inspiration to this Senator. Early in my Senate career, I heard about 
Ernie Fitzgerald. His work convinced me that I needed to get involved 
in oversight, generally, and at that time specifically oversight of the 
Defense Department, oversight of the Pentagon. Ernie's work, along with 
that of a person by the name of Chuck Spinney, was a huge contribution. 
They were the inspiration behind my historic amendment to freeze the 
Defense budget that was approved by the Senate in May of 1985. Ernie 
was the inspiration behind my efforts to put the brakes on the spare 
parts overpricing.
  Ernie was also the inspiration behind my efforts to expose and clean 
up the Department of Defense books of account and broken accounting 
practices. Ernie was the inspiration behind so many whistleblower 
protection laws that are now on the books.
  Ernie's unwavering devotion to saving the taxpayers' money has always 
been an inspiration to this Senator. Ernie never lost sight of this 
lofty and honorable goal, not for one second. And he would pursue it to 
the end of the Earth, if that is where it took him. To Ernie, saving 
the taxpayers' money was never just a goal. It was much more than that. 
It was more like a calling to him. It was a matter of faith to him, 
keeping faith with the taxpayers, stopping waste of taxpayers; money 
was a religion to Ernie Fitzgerald.
  Ernie had fellowship with the taxpayers.
  He did everything in his power each day to ensure that not a penny 
was wasted and every cent was properly accounted for.
  Ernie followed his calling in a place called the Pentagon--not 
exactly what I would call a taxpayer-friendly environment. That is the 
place that the world's most powerful generals and admirals call home. 
And the generals and admirals never looked kindly on the likes of a 
whistleblower named Ernie Fitzgerald. But that didn't phase Ernie one 
bit.
  The Pentagon brass is praising him today as he leaves the Pentagon 
for good, but they hammered him relentlessly for what he was and for 
what he did. The Pentagon is the place where Ernie dug in his heels, 
took his stand, and kept the faith.
  The most fateful day in the life of Ernie Fitzgerald was November 13, 
1968. That was the day Erie appeared before Senator Proxmire's Joint 
Economic Committee to testify on the C-5 transport aircraft program. He 
was an official witness of the U.S. Air Force. And Ernie did the 
unthinkable--he ``committed truth.'' He told the Congress about a $12 
billion C-5 cost overrun. Back then, $2 billion was real money.
  Ernie's truthful testimony about the C-5 cost overrun created a 
firestorm of controversy, and that is what caused President Nixon to 
issue his famous order caught on those famous tapes. The quote was: 
``Get rid of that SOB.'' For speaking the truth, Ernie paid the 
ultimate price: He got fired, he got blackballed, and he was put on the 
official hit list. His career was over. And that was November 13, 1968. 
For speaking the truth--that is what it was all about, just speak the 
truth--about a $2 billion cost overrun on an airplane that somehow 
people wanted to cover up. As most of us know, though, Ernie got his 
job back, but it took him 12 years to get his job back. That is how 
much whistleblowers are appreciated in the bureaucracy at the Pentagon, 
or anyplace else. And when he did get it back, it was not given back 
willingly; it had to be taken back. It took a court order signed by 
U.S. District Judge William B. Bryant on June 15, 1982. That is 14 
years after he appeared to talk about the C-5 $2 billion cost overrun.
  Judge Bryant's order made Ernie the Management Systems Deputy of the 
Air Force. It was a high-sounding title with far-reaching 
responsibilities. On paper, it looked like a perfect fit. 
Unfortunately, Ernie was never given the authority to perform the job 
specified in the court order. The ``over-dogs,'' as Ernie Fitzgerald 
called them, effectively isolated him then and the 25 years since. As 
far as I know, the only time Ernie was able to do his job was when he 
was officially detailed to my staff for short periods of time.
  The last such project was 1997-1998 when Ernie worked with my staff 
on what we called the Joint Review of Internal Controls at the Defense 
Department. He and my staff examined several hundred invoices from an 
office in the Pentagon where fraud had occurred. They followed those 
invoices step by step through the entire cycle of transactions from 
purchase order to payment by the Treasury. They found overpayments, 
underpayments, erroneous payments, and even potentially fraudulent 
payments. No one payment had been done correctly.
  One of the biggest problems uncovered had to do with ``remit'' 
addresses. Remit addresses are so important because that is where the 
money goes. The staff found people who were handling invoices and 
paying bills also had authority to put addresses on checks going out 
the door. That was a major violation of the separation-of-duties 
principle. It left the door wide open to fraud.
  Ernie helped us close that door.
  Despite constant bureaucratic roadblocks, Ernie went to his 
cubbyhole- size office day in and day out for all those 25 years. Each 
day, he did what he could to keep the faith and honor his commitment to 
those taxpayers.
  Then came another fateful day: September 12, last year. That was the 
day Judge Bryant, after 25 years, pulled the plug on Ernie's court 
order, precipitating another crisis in Ernie's life and bringing us to 
this place in time.
  I feel like we have arrived at a very important point in time. We 
didn't make it to the Rose Garden this time, but we came pretty close. 
So we are making progress. Maybe next time.
  Earlier, I promised to explain how we came close to the Rose Garden. 
On Monday, February 27, this year, the inspector general at the Defense 
Department presented our most famous whistleblower, Ernie Fitzgerald, 
with the Distinguished Service Medal. I do not know if anything like 
this has ever happened before. As I said a moment ago, Ernie is 
retiring with honor and dignity. One person has made all this happen: 
Mr. Tom Gimble, acting inspector general at the Department of Defense. 
After Judge Bryant struck down Ernie's court order after those 25 
years, it was readily apparent that Ernie was in another tight spot. 
However, Ernie was willing to retire under the right conditions.
  Tom Gimble, as acting inspector general, seized the initiative. He 
took charge of the negotiations between Ernie and the Air Force. He 
kept them moving in the right direction. He did everything he could to 
ensure that Ernie was treated fairly and given the full protection of 
the law. Under his able leadership, those negotiations were brought to 
a successful conclusion.
  Mr. Gimble effectively brought Ernie in under the protective umbrella 
provided by the Office of Inspector General. He gave Ernie a safe haven 
in the IG's building--a place to work. He had Ernie's entire collection 
of official records moved to that secure facility. With the help of a 
team of document specialists provided by Mr. Gimble, Ernie was able to 
get the job done.
  All of his records now have been shipped to the National Archives--
400-plus boxes in all. In time, Ernie's papers will be open to the 
American people. They will be able to judge Ernie's work for 
themselves.
  From the beginning of this process to the very end, all sorts of 
little kinks kept popping up all along the way. But Mr. Gimble was 
always there ready to step in and help iron them out. Mr. Gimble is the 
first inspector general to personally reach out to Ernie and help him 
in such meaningful ways.
  Mr. Gimble, I stand before all my colleagues and say thank you from 
the bottom of my heart for what you did to help Ernie in these closing 
days of his career--after 42 years working for the Federal Government. 
I thank you for

[[Page 2692]]

doing what inspector generals should do. You did that.
  And Ernie Fitzgerald, I thank you, too, for what you did and for your 
courage and dedication to make our Government stronger and better and 
to help restore the public trust. I salute you as a person who more 
Americans ought to follow, that one person determined to make a 
difference can, in fact, make a difference.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. FRIST. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________