‘‘(b) REGULATIONS.—
‘‘(1) ISSUANCE.—Not later than 120 days after 
the date of 
the 
enactment 
of 
the 
Torture 
Outsourcing Prevention Act, the heads of the appro-
priate Government agencies shall prescribe regula-
tions to implement the obligations of the United 
States under Article 3 of the United Nations Con-
vention Against Torture and Other Cruel, Inhuman 
or Degrading Treatment or Punishment, subject to 
any reservations, understandings, declarations and 
provisos contained in the United States Senate reso-
lution of ratification of the Convention. 
‘‘(2) REQUIREMENTS OF REGULATIONS.—Regu-
lations issued by the head of an agency under para-
graph (1) shall set forth—
‘‘(A) the responsibilities of the agency, its 
employees, and its contractors to comply, both 
within and outside of the United States, with 
the obligations of the United States under Arti-
cle 3 of the Convention Against Torture re-
ferred to in paragraph (1); and 
‘‘(B) the process by which a person may 
raise and adjudicate in an independent judicial 
forum a claim that his or her transfer would be 
in violation of Article 3 of the Convention
Against Torture referred to in paragraph (1), 
including the process by which the individual 
being transferred can challenge any diplomatic 
or other assurances received from the govern-
ment to which the individual would be returned 
that the individual will not be subjected to tor-
ture or ill treatment. 
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘appropriate Government agencies’ 
means the intelligence community (as defined in sec-
tion 3(4) of the National Security Act of 1947 (50 
U.S.C. 401a(4))), the Departments of State, De-
fense, Homeland Security, and Justice, the United 
States Secret Service, the United States Marshals 
Service, and any other law enforcement, national se-
curity, intelligence, or homeland security agency 
which imprisons, detains, or transfers prisoners or 
detainees, or which otherwise takes or assumes cus-
tody of persons, or transfers persons to another 
country.’’. 
(b) EXISTING REGULATIONS.—
(1) IN
GENERAL.—The amendment made by 
subsection (a) does not nullify any regulations issued 
by an agency, before the effective date of this Act, 
under section 2242(b) of the Foreign Affairs Reform
and Restructuring Act of 1998. In such a case, the 
agency shall amend such regulations to comply with 
the amendment made by subsection (a) of this sec-
tion. 
(2) SPECIAL RULE CONCERNING IMMIGRATION 
LAWS.—Notwithstanding any other provision of this 
Act, or any amendment made by this Act, nothing 
in this Act shall be construed to affect immigration 
laws (as defined in section 101(a)(17) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(17))), or regulations issued pursuant to im-
migration laws, except that the Secretary of Home-
land Security, not later than 120 days after the date 
of the enactment of this Act, shall revise the regula-
tions issued by the Secretary to implement section 
2242 of the Foreign Affairs Reform and Restruc-
turing Act of 1998 (8 U.S.C. 1231 note) so as to 
ensure that written or verbal assurances made by 
the government of a country that a person in immi-
gration proceedings in the United States (including 
asylum proceedings) will not be tortured or sub-
jected to cruel, inhuman, or degrading treatment if 
the person is removed by the United States to the 
country are not, standing alone, a sufficient basis 
for believing that the person would not be tortured