Section 6607

SEC. 6607. PERMITTING EVIDENTIARY PRIVILEGE AND CONFIDENTIAL COMMUNICATIONS.

Section 504 of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1134] is amended by adding at the end the following:

'[d] The Secretary may promulgate a regulation that provides an evidentiary privilege for, and provides for the confidentiality of communications between or among, any of the following entities or their agents, consultants, or employees:

'[1] A State insurance department.

'[2] A State attorney general.

'[3] The National Association of Insurance Commissioners.

'[4] The Department of Labor.

'[5] The Department of the Treasury.

'[6] The Department of Justice.

'[7] The Department of Health and Human Services.

'[8] Any other Federal or State authority that the Secretary determines is appropriate for the purposes of enforcing the provisions of this title.

'[e] The privilege established under subsection [d] shall apply to communications related to any investigation, audit, examination, or inquiry conducted or coordinated by any of the agencies. A communication that is privileged under subsection [d] shall not waive any privilege otherwise available to the communicating agency or to any person who provided the information that is communicated.'.