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Floor Speech

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Mr. DURBIN. Madam President, it has been a great source of debate over the past couple of years over a very basic question: How was Jeffrey Epstein able to take his own life in Federal prison on August 10, 2019?

Last week, we found some answers in the New York Times. It pointed out a series of stunning failures within the Bureau of Prisons.

According to the Times: ``The newly obtained records offer no support to the explosion of conspiracy theories that Mr. Epstein's death was not a suicide. . . . But they do paint a picture of incompetence and sloppiness by some within the Bureau of Prisons.''

That incompetence and sloppiness was evident from the moment Jeffrey Epstein entered the Metropolitan Correctional Center. On his intake screening form, Mr. Epstein was described as ``a Black male,'' with no prior record of sex offense convictions. A 5-second Google search would tell you that not only was Jeffrey Epstein White, he was one of the most notorious sex traffickers in recent history.

And what about the night he died? He had already attempted suicide in the weeks leading up to his death, so you would think that the officials in the Bureau of Prisons would keep close watch over this potentially suicidal inmate.

In fact, the opposite happened. Jeffrey Epstein was left alone, unmonitored, in his cell. The two officers on duty were allegedly dozing off and scrolling on their phones. And the next morning, Epstein was found dead with a bed sheet tied around his neck. Because of these failures, the survivors of Epstein's despicable crimes will never get to see him brought to justice.

Six months after Epstein died, former Attorney General Bill Barr handpicked Michael Carvajal to lead the Bureau of Prisons. It could have been a new beginning for the Bureau, a chance to get to the bottom of widely publicized neglect and mismanagement--and to hold the appropriate parties accountable. But that fresh start never came because, since day one, Director Carvajal of the Bureau of Prisons has shown no intention of reforming that institution.

Consider the case of the warden who ran the Metropolitan Correctional Center the night Jeffrey Epstein died. How did Director Carvajal respond to that warden's failure of leadership? Well, if you can imagine it, he actually rewarded him. Director Carvajal appointed the same warden to lead a different facility, the largest Federal prison in the United States: FCI Fort Dix in New Jersey.

And it seems that warden hasn't learned any lessons in leadership since Mr. Epstein's death. Last month, an inmate in FCI Fort Dix was attacked from behind and stabbed in the eye.

These are not isolated incidents. For years, the Bureau of Prisons has been plagued by corruption, chronic understaffing, and misconduct by high-ranking officials. And in the nearly 2 years since Director Carvajal took control of the Bureau, he has failed to address the mounting crises in our Nation's Federal prison system.

It is far past time for new, reform-minded leadership in the Bureau of Prisons.

A few weeks ago, the Associated Press published a breathtaking investigation into the Bureau. They concluded that it is a ``hotbed of abuse, graft and corruption, and has turned a blind eye to employees accused of misconduct.''

Since 2019, more than 100 Federal prison workers have been arrested for, charged with, or convicted of crimes, including sexual abuse, murder, and introducing contraband into the prison. Altogether, these crimes account for two-thirds of the criminal cases against all Department of Justice personnel, even though BOP employees comprise less than a third of the workforce.

I want to share a few of the stories from the Associated Press report. At one Federal prison in Mississippi, an official responsible for investigating the misconduct of other staff members was arrested for his own misconduct. He was not only accused of stalking and harassing his fellow employees, but he was allowed to remain in his position. He was even authorized to continue investigating one of his accusers.

In California, a warden of a Federal women's prison was arrested and indicted earlier this year for molesting an inmate. He even kept lewd photos of the victim on his government-issued cell phone. He allegedly told the woman that she shouldn't even try to report the assault because he was ``close friends'' with the official who would investigate it.

The list goes on. It is a recurring pattern of misconduct by officials within the Bureau of Prisons who believe they can abuse inmates and break the law with impunity. In some cases, that is exactly what they have done.

The details in the AP investigation are shocking. And for those of us who have been following Director Carvajal's tenure, they are the latest disturbing examples of failed leadership.

Time and again, he has categorically failed to uphold his chief responsibility as Director. And what is that responsibility? Protecting the health and safety of inmates and correctional officers.

Today, the Bureau suffers from chronic and significant understaffing. Director Carvajal has failed to contain outbreaks of COVID-19, which has led to tens of thousands of inmates and staff contracting the virus. And when it comes to reforming our Federal prison system, he has failed.

In 2018, congressional Democrats and Republicans came together on an overwhelmingly bipartisan basis to enact the FIRST STEP Act. It was a historic piece of reform legislation to create new pathways for prison inmates to better themselves while they serve their time, so they can return to society once released.

Nearly 3 years later, the Bureau of Prisons still hasn't implemented most of these reforms.

One example, under the FIRST STEP Act, low-risk inmates are eligible to earn time credits, reducing their sentences. They do this by completing programs designed to prevent them from committing another crime.

Last month, the inspector general at the Department of Justice found that the Bureau of Prisons has not applied these earned time credits to any of the approximately 60,000 eligible inmates.

Now the Senate Judiciary Committee, which I chair, is charged with overseeing the Bureau of Prisons. We have tried to get answers from Director Carvajal and his team. We have repeatedly requested information.

We have asked for details about the inmate banking system. Now, there is a heck of a story. It purportedly has little oversight by the Bureau of Prisons, has allowed inmates to avoid paying child support and restitution to crime victims and other obligations.

The Bureau reportedly allowed Larry Nassar, the so-called doctor who abused hundreds of young gymnasts before he was sentence to life in prison, to spend thousands of dollars from his Bureau of Prisons account on himself but pay only $300 toward the debt he owes his victims.

The Bureau has delayed responding to our questions--or just flatout ignored them.

It is past time to replace Director Carvajal. This can't wait any longer. The Associated Press's investigation shows us that lives are literally at stake.

I know Attorney General Garland understands the urgency. I am calling on him today to move immediately to dismiss Director Carvajal and to bring real reform to the Bureau of Prisons.

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