Page:United States Statutes at Large Volume 124.djvu/1609

 124 STAT. 1583 PUBLIC LAW 111–203—JULY 21, 2010 to State insurance regulators, individually or collectively, through an information-sharing agreement that— ‘‘(i) shall comply with applicable Federal law; and ‘‘(ii) shall not constitute a waiver of, or otherwise affect, any privilege under Federal or State law (including the rules of any Federal or State court) to which the data or information is otherwise subject. ‘‘(D) AGENCY DISCLOSURE REQUIREMENTS.—Section 552 of title 5, United States Code, shall apply to any data or information submitted to the Office by an insurer or an affiliate of an insurer. ‘‘(6) SUBPOENAS AND ENFORCEMENT.—The Director shall have the power to require by subpoena the production of the data or information requested under paragraph (2), but only upon a written finding by the Director that such data or information is required to carry out the functions described under subsection (c) and that the Office has coordinated with such regulator or agency as required under paragraph (4). Subpoenas shall bear the signature of the Director and shall be served by any person or class of persons designated by the Director for that purpose. In the case of contumacy or failure to obey a subpoena, the subpoena shall be enforceable by order of any appropriate district court of the United States. Any failure to obey the order of the court may be punished by the court as a contempt of court. ‘‘(f) PREEMPTION OF STATE INSURANCE MEASURES.— ‘‘(1) STANDARD.—A State insurance measure shall be pre- empted pursuant to this section or section 314 if, and only to the extent that the Director determines, in accordance with this subsection, that the measure— ‘‘(A) results in less favorable treatment of a non-United States insurer domiciled in a foreign jurisdiction that is subject to a covered agreement than a United States insurer domiciled, licensed, or otherwise admitted in that State; and ‘‘(B) is inconsistent with a covered agreement. ‘‘(2) DETERMINATION.— ‘‘(A) NOTICE OF POTENTIAL INCONSISTENCY.—Before making any determination under paragraph (1), the Director shall— ‘‘(i) notify and consult with the appropriate State regarding any potential inconsistency or preemption; ‘‘(ii) notify and consult with the United States Trade Representative regarding any potential inconsistency or preemption; ‘‘(iii) cause to be published in the Federal Register notice of the issue regarding the potential inconsistency or preemption, including a description of each State insurance measure at issue and any applicable covered agreement; ‘‘(iv) provide interested parties a reasonable oppor- tunity to submit written comments to the Office; and ‘‘(v) consider any comments received. ‘‘(B) SCOPE OF REVIEW.—For purposes of this sub- section, any determination of the Director regarding State insurance measures, and any preemption under paragraph (1) as a result of such determination, shall be limited Comments. Federal Register, publication.