has been to talk, but not to act. But this committee is dedicated to action and we ask for the understanding and, more importantly, for the trust of the people of New York City.

We come in good faith and with a dedication that each of us in our capacity as Congressmen, and as individuals, will do everything in our power to make the war on heroin more effective. It is a war that must be won.

The problem of heroin traffic and use has become a major national problem which today knows neither class nor locality. One of the wealthiest families in the city of Miami had a son of 18 years of age who was found dead of an overdose of heroin. Every parent in America must be concerned with the possibility that a son or daughter for whatever reason, may fall victim of the deadly disease of hard drug addiction.

America, when aroused, can do almost anything, and we are hoping that we can contribute to arousing America to the extent that we will determine to use our vast resources toward the destruction of this terrible heroin traffic.

The spread of heroin use is tragic. In the end, however, this tragedy may prove finally to have created a social and political condition which will lead to the necessary mobilization of the country's attitudes and resources in the fight to destroy the awful heroin traffic.

As Members of Congress, it is our hope that this country finally is ready to make the sacrifice, financial and otherwise, which is necessary to end this problem.

The committee is very much pleased to greet Judge Robert E. Fischer, who is appearing before the committee on behalf of Gov. Nelson Rockefeller.

Judge Fischer is a man of substantial accomplishments who recently was appointed by Governor Rockefeller as the first statewide prosecutor in the history of New York State, pursuant to enabling legislation passed last January which provides Judge Fischer with authority to investigate on a statewide basis and to prosecute all aspects of organized criminal activity, including the narcotics traffic.

Judge Fischer comes before the committee with an extraordinary background of achievement. Born in Binghamton, N.Y., Judge Fischer graduated from Cornell University and Cornell Law School and was admitted to the bar in 1942.

During World War II, Judge Fischer served his country as a lieutenant in the Navy's underwater demolition unit. Judge Fischer was awarded a Silver Star for conspicuous gallantry on the beaches of Okinawa.

From 1951 to 1955 Judge Fischer served as district attorney of Broome County. Judge Fischer then returned to private practice, but in 1958 was called upon by Gov. W. Averell Harriman to supersede the district attorney of Oneida County as special prosecutor to investigate organized crime, prostitution, gambling, and corruption in that county. His appointment by Governor Harriman was continued by Governor Rockefeller upon Mr. Rockefeller's election. Judge Fischer's abilities perhaps can best be stated by the records of that special investigation, which returned 24 indictments and obtained 22 convictions for criminal activity.

In 1965 Governor Rockefeller again called upon Judge Fischer to supersede the district attorney of Erie County as special prosecutor to investigate corruption in Erie County.

In 1967 Judge Fischer was appointed to the county court of Broome County where he has served with distinction.

Now Governor Rockefeller has again called upon Judge Fischer to lend his many and obvious talents to the necessary war on organized crime, including the narcotics traffic.

It is apparent that Governor Rockefeller has chosen well. We again welcome Judge Fischer. We are grateful for his appearance, and we wish him all success in his new capacity.

Judge Fischer?

STATEMENT OF HON. ROBERT E. FISCHER, DEPUTY ATTORNEY GENERAL IN CHARGE OF STATEWIDE ORGANIZED CRIME TASK FORCE

Mr. FISCHER. Mr. Chairman and gentlemen, I would like initially to extend the warmest welcome of the Governor of this State, Governor Rockefeller and to express his gratification of this committee, its members and its associates for coming to this State to examine one of the most serious problems affecting this State, and as the chairman has indicated, affecting our country.

The Governor has also directed that I express his regrets for his inability by reason of longstanding schedules and commitments to attend personally and to express his very deepest and gravest concern about the problem to which you address yourself.

I think the concern of this State is probably best expressed by recounting in a limited summary fashion what has been done on a State level to attempt, within the limits of the State's capacities, to solve the problem.

Some time ago the State undertook what is the most massive treatment program for addicts in the Nation. Those interested in statistics, and I am sure you are not, say that there is greater expenditures by New York State in this area than any other State or combination of States.

I have discussed this with Mr. Fleming, a special counsel with this committee, that I was on the bench for a period of time in a court of general and criminal jurisidiction upstate, 200 miles up from New York City in a rather rural setting, a community that has a State university of some 4,000 to 5,000 students and jurisdiction over a quarter of a million people, 250,000 people.

In the 4 weeks prior to my resignation from the bench to become associated with the program of the Governor in relation to the prosecution of organized crime, I undertook a commitment under the Narcotics Addiction Control Commission program of some five young people ranging in ages from 16 to 21. Some of these commitments were voluntary, some involuntary, but all for addiction to hard drugs, something that a short time ago was unheard of in a community of this size.

We have in that community of recent date had our first death, similar in background to that expressed by Chairman Pepper, and

it has certainly increased the concern not only of the people in the urban areas, the large urban population of this State, but every area of New York State.

Now, in addition to the treatment program undertaken by the State in the law enforcement area, the Governor has established a special narcotics unit within the State police. Again statistics are not always compelling, but there has been a 300-percent increase in the last year in drug arrests by the State police whose traditional jurisdiction is outside the metropolitan area of New York.

Through amendments to the revised penal law in this State, penalties have been established up to life for large, hard drug distributors in the heroin class.

The Governor has created, as has been indicated here, a substantially funded organized crime task force to work with the prosecuting district attorneys in the system of our State. The major efforts of the Bureau of Criminal Investigation of the New York State Police comprising some 600 men are presently directed at the organized crime area including this very substantial narcotics problem. The Governor has directed the full participation of the State police and State agencies with joint Federal, State, and city narcotics task forces that meet in the New York area, directed to an attack on the higher level traffic and distribution of hard drugs in narcotics including heroin. And from the reports I receive from State representatives on these task forces they are beginning to show results.

Of collateral interest, perhaps, there has been developed through the funds afforded to this State under the omnibus crime bill and through the crime control planning board of the State a biological sensitivity device that is presently being tested in the New York City area for the detection of heroin through this very sensitive detection

means.

The Governor has directed the State health and State education departments of the State to warn every citizen of the community of the perils inherent in the use of hard drugs.

He has also established a temporary commission of recent date to evaluate the drug laws within the State and to evaluate the treatment and methods that are being undertaken throughout the State and in the cities.

Back in February he directed the bipartisan commission of the State, the State commission of investigation to undertake a comprehensive inquiry into the source, supply, and distribution of hard drugs and heroin within this State, to assess the effectiveness of the law enforcement procedures within this State, and to assess the adequacy of the resources that are available to solve the enforcement problem within this State. I think that this reflects the very deep and troubled concern of the Governor concerning the problem to which you gentlemen address yourselves.

I think it exhibits a State government acting to the near limits of its capacities within the State in an attempt to control this problem. It exhibits an undertaking on a State level of a massive expenditure of time and effort and funds to attempt to bring this problem under control and to attempt to solve the problems within its borders.

And despite these efforts, as you have exhibited in your prefatory statement here, Mr. Chairman, the hard drugs continue to seep into this State for criminal distribution from channels outside the

State by means of growing, manufacturing, distribution sources beyond the boundaries of this State and over which this State has no control, or jurisdiction, or means of control.

The efforts of the State, as I see it, in attempting to control this problem within its boundaries, is somewhat like the housewife attempting to mop the kitchen floor dry and keep it dry when her home is being inundated by a flood over which she has no control or effective means of control.

I think it suggests that the State, certainly the Governor of this State will not be satisfied until the heroin and drug problem is solved, despite any lack of control the State may have as to source of drugs. But I think it suggests as well a need for rededication of Federal resources and a commitment of Federal resources of substantial Federal resources directed to the eradication of the external source of supply of heroin addictive drugs which are beyond the State's control. Such would be a substantial contribution toward the solution of the problem within the State.

Mr. Chairman, you have indicated that New York City is a large port city with massive means of transportation, conveyance and communication. The drug use problems of the State are complicated by its location and the ready means of bringing this foreign supply into the State.

Like most serious problems there is no easy and inexpensive solution. Adequate funding is vital but as you have suggested, Mr. Chairman, there can be no better investment in the future of our youngsters and our people.

Through the Omnibus Crime Control and Safe Streets Act and Federal funding, the State is embarking on a partnership that promises to be most fruitful. It is working in the task forces, it is working in the funding, and it is working well.

We urge, however, that the most serious consideration be given by this committee to the devising of some means, through the great powers of our Federal Government not available to the States under our system, of controlling the growth, the development, the manufacture and the flow of narcotic drugs and heroin into the State where the State can then only attempt to mop up the results of the flood.

I express my personal gratitude and the gratitude of the Governor of our State for the opportunity to appear before this committee to express my thought and impart the program of the Governor that has been addressed to the same problems to which you gentlemen address yourselves.

Mr. PEPPER. Judge Fischer, what would you estimate the State of New York is spending now per year in the fight against drug traffic? Mr. FISCHER. This year it is difficult. I have never seen statistics put together but last year there was over $50 million spent in this narcotics addiction treatment program.

State housing finance agency bonds have just been authorized to the extent of $200 million to acquire and construct facilities for the treatment and rehabilitation of addicts.

The State police unit of 20 men and two lieutenants devoted the organized crime section $357,000.

Now in addition to this unit there are some 600 bureau of criminal investigation officers whose interest is directed toward this problem.

There has been $65 million appropriated to provide a 50-percent State sharing in the operation and amortization costs of inpatient and outpatient treatment in the rehabilitation program.

Mr. PEPPER. What was that last figure?

Mr. FISCHER. $65 million.

Mr. PEPPER. Yes.

Mr. FISCHER. We are talking, Mr. Chairman, of figures that are really massive.

Mr. PEPPER. Judge, do you have any estimate as to how much, in another sense, the drug traffic costs the State of New York?

Mr. FISCHER. I could forward the figures to you, Mr. Chairman.

Mr. PEPPER. What I mean is not to speak of the tragedy of the lives lost, the time lost from productive endeavor by addicts, the time devoted in the courts and among the law enforcement officers and the like.

In other words, if you were to put together a package of how much drug addiction and drug traffic really costs all of the people of the State of New York, that really could be a stupendous figure, wouldn't it?

Mr. FISCHER. Stupendous is a proper adjective, I would suggest, stupendous.

Mr. PEPPER. Mr. Wiggins?

Mr. WIGGINS. Judge, is this State using any money from LEAA for narcotic programs?

Mr. FISCHER. The phrase that you use is one that I am not acquainted with.

Mr. WIGGINS. That is the agency created under the Omnibus Crime Control and Safe Streets Act.

Mr. FISCHER. Yes, this State is one of the first participants in it. There is a comprehensive crime control plan I have before me.

Mr. WIGGINS. Judge, my question is, under that plan, are you allocating those resources or a portion of them to narcotics problems? Mr. FISCHER. Very substantial.

Mr. WIGGINS. For the record, would you return at a later time to state the number of dollars, Federal dollars under the LEAA program, that is used by this State for narcotics?

Mr. FISCHER. I would indeed.

Mr. PEPPER. Judge Fischer, thank you very much.

Our next witness is Mr. Michael Costello.

Mr. Costello is a special agent of the Federal Bureau of Narcotics and Dangerous Drugs. Mr. Costello has been with the Bureau of Narcotics for 4 years and presently is assigned to the Compliance Investigations Division. His fine work with the Bureau has earned him two awards for superior performance.

Before joining the Federal Bureau of Narcotics and Dangerous Drugs, Agent Costello was an investigator for the New York State Bureau of Narcotics Control. Mr. Costello is a pharmacist licensed to practice in the State of New York.

He frequently lectures on narcotics in police training schools in the area, and today he will tell us how heroin is produced, processed, and then smuggled into this country.