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

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.''.

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.