[House Report 106-957]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-957
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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.