or obligation owed by such party to an applicant under otherwise applicable State or Federal law or by agreement with the applicant. (3) State laws or regulations conflicting with the directions of the Special Administrator pursuant to subsection (b) are preempted to the extent of such actual or implied conflict. (4) Governing law and jurisdiction The district courts of the United States shall have original and exclusive jurisdiction over any action arising out of a contract described in subsection (b). (d) Confidentiality (1) Retention of privilege The submission of any nonpublicly available data and information by an applicant to the Special Administrator under this Act shall not constitute a waiver of, or otherwise affect, any privilege arising under Federal or State law (including the rules of any Federal or State court) to which the data or information is otherwise subject. (2) Continued application of prior confidentiality agreements Any requirement under Federal or State law to the extent otherwise applicable, or any requirement pursuant to a written agreement in effect between an applicant and any third party which provides an applicant’s nonpublicly available data or information to the Special Administrator, regarding the privacy or confidentiality of any data or information in the possession of the third party, shall continue to apply to such data or information after the data or information has been provided to the Special Administrator under this Act. (3) The Special Administrator, and any third party which obtains an applicant’s nonpublicly available data or information, is prohibited from sharing or selling such information except as required by law. The Special Administrator or third party may share information as necessary to meet the obligations under this Act, so long as the third party agrees in writing to maintain the confidentiality of the information. (e) Audit authority (1) In general The Secretary, and the Special Inspector General established by this Act, shall have access, for purposes