[House Report 106-957]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-957

======================================================================



 
  FOR THE RELIEF OF ALEXANDRE MALOFIENKO, OLGA MATSKO, AND THEIR SON, 
                          VLADIMIR MALOFIENKO

                                _______
                                

 October 11, 2000.--Referred to the Private Calendar and ordered to be 
                                printed

                                _______
                                

Mr. Smith of Texas, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 199]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (S. 199) for the relief of Alexandre Malofienko, Olga 
Matsko, and their son, Vladimir Malofienko, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                           TABLE OF CONTENTS

                                                                  

                                                                 Page
Purpose and Summary........................................           1
Background and Need for the Legislation....................           1
Committee Consideration....................................           2
Committee Oversight Findings...............................           2
Committee on Government Reform Findings....................           2
New Budget Authority and Tax Expenditures..................           2
Congressional Budget Office Cost Estimate..................           2
Constitutional Authority Statement.........................           3
Agency Views...............................................           3

                          Purpose and Summary

    To allow the beneficiaries to be admitted lawfully to the 
United States for permanent residence.

                Background and Need for the Legislation

    Vladimir (Vova) Malofienko was exposed to radiation from 
the Chernobyl nuclear reactor disaster and developed leukemia. 
In 1990, Vova was brought to the United States for leukemia 
treatment by the Children of Chernobyl Foundation. Within a 
month, his mother arrived, and 2 years later, his father 
followed. Until recently, the family was continually granted 
voluntary departure on a yearly basis. Now that Vova is in 
remission, the family faces the threat of removal from the 
United States.
    Many of the most dangerous radionucleides released by the 
reactor in Chernobyl are still present in the environment. 
Chernihiv, where the Malofienkos resided, is directly in the 
path of prevailing winds from Chernobyl, and because there is 
an extremely short supply of housing, it is virtually 
impossible for the Malofienkos to relocate to somewhere else in 
Ukraine.
    The hospitals in northern Ukraine currently do not have the 
technology to monitor Vova's condition or to prevent a relapse. 
According to testimonials supplied to the Subcommittee from 
medical experts in Ukraine and the United States, should Vova 
have a relapse, the hospitals in Ukraine would be ill-equipped 
to restore his health. In fact, all of the children who came to 
the United States with Vova have returned to the Ukraine after 
going into remission and have subsequently died from a relapse.

                        Committee Consideration

    On October 11, 2000, the Committee on the Judiciary met in 
open session and ordered reported favorably the bill S. 199 
without amendment by voice vote, a quorum being present.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the committee reports 
that the findings and recommendations of the committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                Committee on Government Reform Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House Rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(d)(2) of rule XIII of the Rules 
of the House of Representatives, the committee believes that 
the bill would have no significant impact on the Federal 
budget. This is based on the Congressional Budget Office cost 
estimate on S. 199. That Congressional Budget Office cost 
estimate follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 11, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed 11 private relief acts, which were ordered reported by 
the House Committee on the Judiciary on October 11, 2000. CBO 
estimates that their enactment would have no significant impact 
on the federal budget. These acts could have a very small 
effect on fees collected by the Immigration and Naturalization 
Service and on benefits paid under certain federal entitlement 
programs. Because these fees and expenditures are classified as 
direct spending, pay-as-you-go procedures would apply. The act 
reviewed is:

         LS. 199, an act for the relief of Alexandre 
        Malofienko, Olga Matsko, and their son, Vladimir 
        Malofienko;

    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.
            Sincerely,
                                  Dan L. Crippen, Director.

cc:
        Honorable John Conyers Jr.
        Ranking Democratic Member

                   Constitutional Authority Statement

    Pursuant to rule XI, clause 2(1)(4) of the Rules of the 
House of Representatives, the committee finds the authority for 
this legislation in article 1, section 8, clause 4 of the 
Constitution.

                              Agency Views

    The comments of the Immigration and Naturalization Service 
on S. 199 are as follows:

                        U.S. Department of Justice,
                    Immigration and Naturalization Service,
                                      Washington, DC, May 25, 1999.
Hon. Lamar Smith, Chairman,
Subcommittee on Immigration and Claims,
Committee on the Judiciary,
United States Senate, Washington, DC.
    Dear Mr. Chairman: This is in reference to your request for 
a report relative to H.R. 429, for the relief of Alexandre 
Malofienko, Olga Matsko, and their son, Vladimir Malofienko. 
These beneficiaries are also beneficiaries of S. 199.
    The bill would grant the beneficiaries permanent residence 
in the United States as of the date of enactment, upon payment 
of the required application fee. The bill would also direct the 
proper visa number deduction.
    The beneficiaries, native and citizens of Ukraine, were 
admitted to the United States as non-immigrant visitors. The 
family has received yearly extensions of voluntary departure 
and employment authorization until January 28, 2000.
            Sincerely,
                                  Allen Erenbaum, Director,
                                   Congressional Relations.

Enclosure

                        U.S. Department of Justice,
                    Immigration and Naturalization Service,
                                    Washington, DC, April 30, 1999.

Memorandum for: Jerry Hardy, HQDDP

From:
                        SA Rick von Ohlen
                        Newark Investigations

Subject:
                        H.R. 429

    I am sending you a copy of my original report for S.1460. 
Updated F.B.I., state and local criminal checks for the 
beneficiaries were negative as of April 12, 1999. HQINTEL 
reported on April 19, 1999 that CIA checks for beneficiaries 
were negative.
    On April 26, 1999, I interviewed Alexandre MALOFIENKO. Mr. 
MALOFIENKO is still employed as a maintenance mechanic with the 
same company and earned approximately $50,000 last year in 
salary and overtime. His wife Olga MATSKO is still employed as 
a accountant but with a new company. She earned approximately 
$32,000 last year. Their financial situation remains 
essentially the same. Mr. MALOFIENKO's labor certificate is 
still pending. In February 1999, the family received another 
extension of voluntary departure and employment authorization 
until January 28, 2000.

 Memorandum of information from immigration and naturalization service 
                           files re: S. 1460

    The beneficiary, Alexandre MALOFIENKO, a native and citizen 
of the Ukraine, was born December 25, 1957 in the Ukraine. He 
resides with his spouse, beneficiary Olga MATSKO, and their 
minor child, beneficiary Vladimir MALOFIENKO, in Short Hills, 
New Jersey. He received a degree in mechanical engineering from 
the Kiev Polytechnic Institute, Kiev, Ukraine in 1984 and was 
employed in the Ukraine and Russia in various engineering 
positions. He was a member of the Communist party in Chernigiv, 
Ukraine from 1984 to 1990 and claims membership in the party 
was mandatory in order to maintain his employment. Since his 
arrival in the United States he has been employed as an 
electrician and a maintenance mechanic. He is currently 
employed by a major corporation as a maintenance mechanic and 
earns $40,000 a year. He and his spouse claim $52,000 in home 
equity, and $25,800 in credit union, money market and checking 
accounts. They also receive $1,300 a month income from the 
rental of their home. No significant liabilities are claimed.
    Beneficiary Olga MATSKO, a native and citizen of the 
Ukraine, was born September 29, 1959 in the Ukraine. She 
received a bachelor degree in accounting from Kiev University 
of Trade and Economics, Kiev, Ukraine in June 1986. She was 
employed in the Ukraine by the government as a financial 
auditor. Since her arrival in the United States she has been 
employed as a cashier and is currently employed as an 
accountant in a certified public accounting firm earning 
$21,000 per year. She received a Associate degree in Accounting 
from Essex County College, Newark, N.J. in August 1997.
    Minor beneficiary Vladimir MALOFIENKO, an native and 
citizen of Ukraine, was born June 29, 1984 in the Ukraine. He 
is presently a student in the 7th grade. He was exposed to 
radiation as a result of the nuclear reactor disaster in 
Chernobyl, Ukraine in 1986 and subsequently developed leukemia. 
He has been treated for his leukemia in the United States and 
it is currently in remission.
    Beneficiary Alexandre MALOFIENKO was admitted into the 
United States on April 14, 1992 as a non-immigrant visitor. He 
has a labor certificate pending with the New Jersey Department 
of Labor since June 1997. Beneficiary Olga MATSKO was admitted 
to the United States on September 15, 1990 as a non-immigrant 
visitor. Beneficiary Vladimir MALOFIENKO was admitted to the 
United States on August 7, 1990 as a non-immigrant visitor. The 
family has received yearly extensions of voluntary departure 
and employment authorization until March 20, 1998.

                                  
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