Durbin-Kennedy Empire State Building Counter-Terrorism Act of 1997

Summary: Durbin-Kennedy Empire State Building Counter-Terrorism Act of 1997 - Amends the Brady Handgun Violence Prevention Act to prohibit the disposition of a firearm or ammunition to, and the possession of a firearm or ammunition by, an alien who has been admitted to the United States under a nonimmigrant visa. 
Requires the statement required from a firearms transferee to contain a statement that the transferee is not an alien who has been admitted to the United States under a nonimmigrant visa. 
Sets forth provisions regarding:  (1) exceptions for aliens admitted to the United States for lawful hunting or sporting purposes and for certain official government representatives, officials, distinguished foreign visitors, and foreign law enforcement officers; and (2) waivers.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Durbin-Kennedy Empire State Building 
Counter-Terrorism Act of 1997.''

SEC. 2. FIREARMS.

    Section 922 of title 18, United States Code, is amended--
            (1) in subsection (d), by striking paragraph (5) and 
        inserting the following:
            ``(5) who, being an alien--
                    ``(A) is illegally or unlawfully in the United 
                States; or
                    ``(B) except as provided in subsection (y)(2), has 
                been admitted to the United States under a nonimmigrant 
                visa (as that term is defined in section 101(a)(26) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26));'';
            (2) in subsection (g), by striking paragraph (5) and 
        inserting the following:
            ``(5) who, being an alien--
                    ``(A) is illegally or unlawfully in the United 
                States; or
                    ``(B) except as provided in subsection (y)(2), has 
                been admitted to the United States under a nonimmigrant 
                visa (as that term is defined in section 101(a)(26) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26));'';
            (3) in subsection (s)(3)(B), by striking clause (v) and 
        inserting the following:
                    ``(v) is not an alien who--
                            ``(I) is illegally or unlawfully in the 
                        United States; or
                            ``(II) subject to subsection (y)(2), has 
                        been admitted to the United States under a 
                        nonimmigrant visa (as that term is defined in 
                        section 101(a)(26) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(26));''; and
            (4) by inserting after subsection (x) the following:
    ``(y) Provisions Relating to Aliens Admitted Under Nonimmigrant 
Visas.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `alien' has the same meaning as in 
                section 101(a)(3) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(3)); and
                    ``(B) the term `nonimmigrant visa' has the same 
                meaning as in section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(26)); and
            ``(2) Exceptions.--
                    ``(A) In general.--Subsections (d)(5)(B), 
                (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any 
                alien who has been lawfully admitted to the United 
                States under a nonimmigrant visa, if that alien is--
                            ``(i) admitted to the United States for 
                        lawful hunting or sporting purposes;
                            ``(ii) an official representative of a 
                        foreign government who is--
                                    ``(I) accredited to the United 
                                States Government or the government's 
                                mission to an international 
                                organization having its headquarters in 
                                the United States; or
                                    ``(II) en route to or from another 
                                country to which that alien is 
                                accredited;
                            ``(iii) an official of a foreign government 
                        or a distinguished foreign visitor who has been 
                        so designated by the Department of State; or
                            ``(iv) a foreign law enforcement officer of 
                        a friendly foreign government entering the 
                        United States on official law enforcement 
                        business.
            ``(3) Waiver.--
                    ``(A) Conditions for waiver.--Any individual who 
                has been admitted to the United States under a 
                nonimmigrant visa may receive a waiver from the 
                requirements of subsection (g)(5), if--
                            ``(i) the individual submits to the 
                        Attorney General a petition that meets the 
                        requirements of subparagraph (C); and
                            ``(ii) the Attorney General approves the 
                        petition.
                    ``(B) Petition.--Each petition under subparagraph 
                (B) shall--
                            ``(i) demonstrate that the petitioner has 
                        resided in the United States for a continuous 
                        period of not less than 180 days before the 
                        date on which the petition is submitted under 
                        this paragraph; and
                            ``(ii) include a written statement from the 
                        embassy or consulate of the petitioner, 
                        authorizing the petitioner to acquire a firearm 
                        or ammunition and certifying that the alien 
                        would not, absent the application of subsection 
                        (g)(5)(B), otherwise be prohibited from such 
                        acquisition under subsection (g).
                    ``(C) Approval of petition.--The Attorney General 
                shall approve a petition submitted in accordance with 
                this paragraph, if the Attorney General determines that 
                waiving the requirements of subsection (g)(5)(B) with 
                respect to the petitioner--
                            ``(i) would be in the interests of justice; 
                        and
                            ``(ii) would not jeopardize the public 
                        safety.''.