[Congressional Record Volume 143, Number 156 (Saturday, November 8, 1997)]
[Senate]
[Pages S12121-S12123]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG:

  S. 1460. A bill for the relief of Alexandre Malofienko, Olga Matsko, 
and their son Vladimir Malofienko; to the Committee on the Judiciary.


                       Private Relief Legislation

  Mr. LAUTENBERG. Mr. President, today I am introducing legislation to 
provide permanent residency in the United States for 13-year-old Vova 
Malofienko and his family, residents of Short Hills, NJ. An identical 
bill is being introduced in the House of Represenatives today by 
Congressman Steve Rothman and Congressman Bob Franks. Vova Malofienko 
has leukemia from his having lived 30 miles from the Chornobyl nuclear 
reactor in Ukraine during and after the infamous disaster. His leukemia 
is in remission only because of the emergency medical treatment he's 
received in the United States.
  Were Vova forced to return to Ukraine, the United States would be 
placing an innocent child near the front of the line on death row. Vova 
was one of eight children of Chornobyl who came to the United States in 
1990--and when the seven others later returned to Ukraine, they died 
one by one because of inadequate cancer treatment. Not a child 
survived.
  On behalf of the Malofienkos, I ask my colleagues for their 
invaluable support for this legislation. We are a compassionate nation 
that should open its

[[Page S12122]]

heart to Vova and his family, who came in dire medical need.
  Mr. President, I would like to take this opportunity to tell my 
colleagues a bit more about Vova and his family. Vladimir ``Vova'' 
Malofienko was born on 6/29/84 in Chernigov, Ukraine. His mother, Olga 
Matsko, was born on 9/29/59 in Piratin, Ukraine, and his father, 
Alexander Malofienko, was born on 12/25/57 in Chernigov, Ukraine.
  Vova was only 2 when the Chornobyl reactor exploded in 1986 and 
exposed him to radiation. He was diagnosed with leukemia in June 1990 
at age 6. Vova and his mother came to the United States later in 1990 
on a B-1 visitor's visa so that Vova could attend a cancer treatment 
camp for children, sponsored by the Children of Chornobyl Relief Fund. 
Vova was invited to stay in the United States to receive more extensive 
treatment and chemotherapy. In November of 1992, Vova's cancer went 
into remission. Vova's father, Alexander Malofienko joined the family 
in 1992, also on a B-1 visa.
  The Malofienko family is currently in the United States with extended 
voluntary departure through March of 1998. Alexander Malofienko's 
second application for labor certification is pending before the New 
Jersey Department of Labor. The first application for Labor 
certification was denied.
  Vova and his family desire to remain in the United States because of 
the extraordinary health concerns facing Vova. Regrettably, as I 
mentioned earlier, Vova is the only survivor from a group of eight 
children of Chornobyl who came to the United States together in 1990. 
The seven other children returned to Ukraine and have since died. Now 
that Vova is in remission, it would indeed be tragic to return him to 
an environment which would once again endanger his life. The air, food, 
and water in Ukraine are contaminated with radiation that people 
residing there for several years have grown accustomed to, but which 
could be perilous to Vova's weakened immune system.
  Furthermore, treatment available in Ukraine is not as sophisticated 
and up to date as treatment available in the United States. Before Vova 
came to the United States, no aggressive treatment for his leukemia had 
been provided. Although Vova completed his chemotherapy in 1992, he 
continues to need medical follow-up on a consistent basis, including 
physical examinations, lab work and radiological examinations to assure 
early detection and prompt and appropriate therapy in the unfortunate 
event the leukemia recurs.
  According to Dr. Peri Kamalakar, Director of the Valerie Fund 
Children's Center at Newark Beth Israel hospital, where Vova has 
received care, Vova's cancer is considered high risk with a threat of 
relapse. He is also at risk to develop significant late complications 
secondary to the intensive chemotherapy he received, including heart 
problems and secondary cancers. Another significant risk is relapse in 
the bone marrow, testis, or central nervous system. Dr. Kamalakar has 
concluded that Vova's chance for a permanent cure is considerably 
better if he stays in the United States.
  Every one of the risks to Vova's health would be magnified by what is 
only the recent emergence of the full effects of Chornobyl. Birth 
defects in the Chornobyl area have doubled. Thyroid cancer has 
increased 80 times--a rate too horrifying to comprehend. And the total 
number of children whose health will be at risk for the rest of their 
lives is over a million.
  Vova Malofienko has been embraced by all those who know him for his 
grace, dignity, and courage. He has also gained national attention by 
assisting with the philanthropic efforts of the Children of Chornobyl 
Relief Fund. It would be extremely disruptive to him and his family, in 
addition to causing great financial and emotional hardship, if they are 
not allowed to remain together in the United States in order to protect 
Vova's health. I ask unanimous consent that the text of the bill be 
included in the Record.
  Mr. President, I urge my colleagues to support this legislation.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1460

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PERMANENT RESIDENCE.

       Notwithstanding any other provision of law, for purposes of 
     the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     Alexandre Malofienko, Olga Matsko, and their son, Vladimir 
     Malofienko, shall be held and considered to have been 
     lawfully admitted to the United States for permanent 
     residence as of the date of the enactment of this Act upon 
     payment of the required visa fees.

     SEC. 2. REDUCTION OF NUMBER OF AVAILABLE VISAS.

       Upon the granting of permanent residence to Alexandre 
     Malofienko, Olga Matsko, and their son, Vladimir Malofienko, 
     as provided in this Act, the Secretary of State shall 
     instruct the proper officer to reduce by the appropriate 
     number during the current fiscal year the total number of 
     immigrant visas available to natives of the country of the 
     aliens' birth under section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)).
                                  ____


            [From the Star-Ledger, Newark, NJ, Oct. 9, 1997]

   Chernobyl Victim Fights to Stay and Live; Lautenberg Works To Win 
                          Residency for Family

                          (By Allison Freeman)

       A 13-year-old boy who contracted cancer from exposure to 
     radiation after the Chernobyl nuclear disaster in Ukraine may 
     get to remain in the United States.
       Sen. Frank Lautenberg said yesterday that he will introduce 
     legislation expressly to grant Vova Malofienko of Millburn 
     and his family permanent residency.
       Lautenberg plans to introduce the ``emergency relief bill'' 
     during the week of Oct. 20, following the Columbus Day 
     recess. In the spring, the senator pressured the Immigration 
     and Naturalization Service to grant the Malofienkos a one-
     year emergency extension to stay in America.
       Vova, whose cancer is in remission, could suffer a relapse 
     if he returns to Ukraine because he is not used to the 
     radiation-contaminated air, food and water, according to his 
     physician, Dr. Peri Kamalakar of the Newark Beth Israel 
     Medical Center. ``My concern is, God forbid, he gets a 
     relapse back in Ukraine. I do not think they have the 
     facilities to give him the proper treatment to save his 
     life,'' the doctor said.
       Vova also received chemotherapy to treat his cancer, which 
     puts him at a greater risk for leukemia or another malady if 
     he is exposed to radiation, Kamalakar noted. ``I feel it is 
     very important for Vova's life to remain in this country.''
       Lautenberg yesterday expressed hope that the legislation 
     will pass before the family's emergency visa runs out in 
     April.
       ``I am introducing this bill not only to keep my promise to 
     Vova and his family, but also to keep the promise to 
     America,'' the senator said. ``We are a compassionate nation 
     that has to open our hearts and borders to all those like 
     Vova who came here legally and in dire medical need.''
       Vova came to America in 1990 with seven other Ukrainian 
     children, all sick from radiation exposure. Their trip to 
     actor Paul Newman's camp in Connecticut was sponsored by the 
     Children of Chernobyl Relief Fund of Short Hills, which 
     airlifts medical treatment and supplies to children afflicted 
     by the 1986 disaster.
       The seven other children in the group all returned to 
     Ukraine and have since died.
       ``They basically got a death sentence,'' Lautenberg said. 
     ``And I will never, ever let that happen to Vova.''
       Lautenberg said he is introducing the legislation now, six 
     months before the family is forced to return to Ukraine, ``to 
     avoid the kind of last-minute life or death situation that 
     the bureaucracy put the Malofienkos through before.''
       Vova yesterday said he is very happy the senator is 
     introducing special legislation on his behalf and is ``very 
     grateful to him,'' but the serious 13-year-old said, ``I do 
     not know if it will be approved or not,'' so he did not want 
     to get his hopes up.
       ``At first it was like a dream,'' said Vova's mother Olga 
     Matsko, who received a phone call from Lautenberg's office 
     yesterday afternoon. ``How grateful I am to what the senator 
     has done for our family.''
       Matsko, who uses her maiden name, said she only hopes that 
     the bill passes in Congress. ``I cannot believe that our hard 
     fight is probably over.''
       Vova's family has been struggling to remain in America with 
     both parents working full-time jobs and sharing a 
     superintendent's job at their Millburn apartment building. 
     Matsko works as an accountant during the day, and the father 
     works as a mechanic for Lea & Perrins Inc. of Fair Lawn at 
     night.
       Alexander Malofienko, Vova's father, lost his job at Tetley 
     Tea of Morris Plains last spring. He then had to find not 
     only a job, but a company to sponsor him for his labor 
     certificate so the family could remain in the United States.
       He found a company to sponsor him, but his application got 
     stuck in ``gridlock'' at the state Labor Department in 
     Trenton, where there is a 30 percent increase in alien labor 
     certificate applications, Lautenberg said. The department is 
     one year behind in processing these applications, not enough 
     time for the Malofienkos.
       The labor certificate, once approved by the state, is then 
     forwarded to the U.S. Department of Labor in New York for its 
     review.

[[Page S12123]]

       Joshua Rosenblum, a spokesman for the state Labor 
     Department, was not aware of Vova's plight or the father's 
     application. He said his office was searching for the 
     application and had not located it by late yesterday 
     afternoon.
       Lautenberg also sent a letter to Gov. Christie Whitman 
     appealing to her ``to do everything possible to assure that 
     the Malofienko family does not face deportation due to 
     administrative inertia and bureaucratic entanglements.''
       A spokesman for Whitman, Gene Herman, said the Governor's 
     Office would investigate. He said delays in the state's 
     processing of the application may have been caused by cuts in 
     federal funds.
                                  ____


           [From the Star-Ledger, Newark, NJ, March 14, 1997]

  Chernobyl Victim Gets Extended Stay in U.S.; Senator Helps Youth in 
                          Life-or-Death Fight

                          (By Allison Freeman)

       ``Today we saw what can be done when a compassionate 
     America opens its heart.''
       A 12-year-old boy, in remission from leukemia he contracted 
     from exposure to the Chernobyl nuclear disaster in Ukraine, 
     will get to remain in the United States for at least another 
     year, thanks to the help of Senator Frank Lautenberg.
       Vova Malofienko and his parents, who were scheduled to be 
     deported April 10, will get another year to obtain permanent 
     residency in this country.
       For Vova, it could be the difference between life and 
     death. ``My heart fills with joy for the work everybody has 
     done,'' the boy said last night. ``I want to stay in this 
     country.''
       The articulate young man, an honors student in Millburn 
     Middle School, said he is thankful to Lautenberg and everyone 
     else who has helped him.
       ``This is a great day,'' the New Jersey Democrat said as he 
     smiled at the boy during a press conference in the Senator's 
     Newark office. ``Today we saw what can be done when a 
     compassionate America opens its heart.''
       Vova's parents need green cards to work in the United 
     States. Getting them is almost impossible due to recent 
     federal legislation that requires people to remain in this 
     country for 10 years before they can apply, yet makes it 
     difficult to remain in the country that long.
       Lautenberg attributed the tougher immigration laws to the 
     ``U.S. turning more and more inward'' and tightening the 
     rules so there is not enough room for everyone who wants to 
     say.
       The Senator credited Monica Slater of his staff for working 
     with Immigration and Naturalization Service officials to help 
     extend the Malofienkos's stay in the country. ``Our work has 
     paid off,'' Lautenberg said.
       Vova, a mature sixth-grader, came to America in 1990 at the 
     age of 5 with a group of seven other Ukrainian children, all 
     sick from radiation exposure. Their trip to actor Paul 
     Newman's camp was sponsored by the Children of Chernobyl 
     Relief Fund of Short Hills, which airlifts medical treatment 
     and supplies to the sick children of Chernobyl. The seven 
     other children in the group all returned to Ukraine and have 
     since died.
       The air, water and food in Ukraine are contaminated with 
     radiation that people there have grown accustomed to, but 
     which could make Vova very sick, his father said. Ukraine 
     also does not have the medical care or equipment needed to 
     save the boy if he suffers a relapse.
       Vova's parents said they were certain that if their son 
     returned to Chernihiv, their home three miles from Chernobyl, 
     he would die.
       Lautenberg said he hopes to help the Malofienkos find a 
     more permanent solution in their quest to remain in the 
     United States.
       Alexander Malofienko, Vova's father, was laid off Feb. 28 
     from his job at Tetley Tea in Morris Plains. The company was 
     sponsoring him for his work permit. The mechanical engineer 
     in Ukraine is working as a maintenance mechanic in New Jersey 
     and hopes to find new employment soon and resume his effort 
     to secure a work permit.
       Olga Matsko plans to graduate from Essex County College in 
     Newark in May with an accounting degree so she can continue 
     her work as an accountant, which she was in Ukraine.
       The mother smiled broadly at Lautenberg last night. ``This 
     is one of the happiest days of my life,'' she said, her voice 
     cracking with emotion. ``Thank you so much for giving us a 
     chance,'' she told the Senator.
       Matsko also reiterated her thanks to all of her son's 
     doctors, many of whom work in Beth Israel Medical Center in 
     Newark, for donating their services to help her son.
       When asked if his office could help Malofienko seek a work 
     permit, Lautenberg said his office is not an employment 
     agency but would do everything it can to help the family.
       ``We will do what we have to do to try to get them 
     permanent residency here,'' he said. Lautenberg said his 
     office has already received a few calls with job offers for 
     Vova's father.
       The boy also thanked all of his friends at Millburn Middle 
     School who wrote letters to legislators, First Lady Hillary 
     Rodham Clinton and Secretary of State Madeleine Albright and 
     even created a Web site at http://schools.millburn.org/
 vova/.
                                 ______