Subpart B
Yes — systems that contain investigatory material compiled for law enforcement purposes (other than material covered by subsection (j)(2)) are eligible for exemption under 5 U.S.C. 552a(k)(2). See 71.51(a) for the textual basis that explains investigatory law enforcement materials can be exempted.
If an individual is denied a right, privilege, or benefit due to material in an exempted record, that material must be provided to the individual except where disclosure would reveal the identity of a confidential source. This is stated in 71.51(a), which clarifies the agency must disclose material when it causes denial unless doing so would reveal the identity of a source who was promised confidentiality.
The listed systems are exempted from subsections (c)(3), (d)(1)–(d)(4), (e)(1), (e)(4)(G), (e)(4)(I), and (f) of 5 U.S.C. 552a. The rule states this exemption for the systems listed in 71.51(a).
DOL/OSHA-1 (Discrimination Complaint File) is specifically listed as an exempt system of records and covers discrimination complaint files maintained by OSHA. You can see the listing at 71.51(a)(28).
Because releasing the disclosure accounting could alert the subject that they are under investigation, reveal investigative details and identities of witnesses, and thus impede law enforcement. This reason is explained in 71.51(c)(1).
Access is exempted because allowing subjects to see investigative records would reveal the existence, scope, and evidence of investigations and identify witnesses or informants, which could hinder investigations or risk witness safety. See 71.51(c)(2).
Subsection (e)(1) is exempted because during investigations the agency may collect information not strictly within its statutory authority or information whose relevance becomes clear only later; retaining such information aids law enforcement. This justification appears in 71.51(c)(3).
Source categories are published in broad generic terms in the Federal Register, and exemption from subsection (e)(4)(I) is claimed to protect the confidentiality and safety of sources. The rule explains this approach in 71.51(c)(5).
Subsection (f) is exempted because notifying an individual that records exist about an actual or potential investigation could harm the investigation by allowing avoidance, witness tampering, destruction of evidence, or fabrication of testimony. See 71.51(c)(6).
The exemption applies to the extent that the information in those systems is subject to exemption under 5 U.S.C. 552a(k)(2). In other words, only investigatory material compiled for law enforcement purposes qualifies; see 71.51(b).
DOL/GOVT-1 is the Office of Workers' Compensation Programs, Federal Employees' Compensation Act File, and it is listed because it is a system of investigatory records eligible for exemption under the criteria in 71.51(a)(1).
DOL/MSHA-10 (Discrimination Investigations), DOL/MSHA-19 (Employee Conduct Investigations), and DOL/MSHA-20 (Civil/Criminal Investigations) are exempt and cover discrimination, employee conduct, and civil/criminal investigations respectively. These listings are shown in 71.51(a)(25) through 71.51(a)(27).
DOL/OIG-1 (General Investigative Files and Subject Title Index), DOL/OIG-2 (FOIA/Privacy Act Records), DOL/OIG-3 (Case Development Records), and DOL/OIG-5 (Investigative Case Tracking/Audit Information Reporting Systems) are exempt because they contain investigatory materials that could reveal investigative activity, witnesses, or evidence. See 71.51(a)(21) through 71.51(a)(24).
No — agencies can still disclose records under routine uses published for the systems, but the release of disclosure accountings for those disclosures is exempted when it would compromise investigations. The balance between routine uses and disclosure-accounting protections is explained in 71.51(c)(1).
Claiming exemptions for subsection (d) means the rules required by subsections (f)(2)–(f)(5) (procedural rules tied to access rights) are inapplicable to the extent those systems are exempted from (d). This interaction is explained in 71.51(c)(4).
DOL/EBSA–2 (Office of Enforcement Index Cards and Investigation Files) and DOL/EBSA–7 (EBSA Employee Conduct Investigations) are exempted; they contain enforcement and employee conduct investigatory files maintained by EBSA. See 71.51(a)(30) and 71.51(a)(31).
DOL/ESA-29 (Physicians and Health Care Providers Excluded under the Federal Employees' Compensation Act) and DOL/ESA-32 (ESA Complaint and Employee Conduct Investigations) are exempt systems covering health-care provider exclusions and complaint/employee conduct investigations. See 71.51(a)(13) and 71.51(a)(14).
Yes — disclosures to other law enforcement agencies can still occur under appropriate legal exceptions or routine uses, but the systems remain exempt from certain Privacy Act provisions to protect investigative integrity; refer to 71.51(c)(1) which discusses the sensitivity of disclosure accountings and investigative material.
DOL/VETS-2 (Veterans' Preference Complaint File) is exempt and relates to veterans' preference complaints maintained by the Veterans' Employment and Training Service. The listing appears at 71.51(a)(39).
No — the exemption only applies to information that is investigatory material compiled for law enforcement purposes and thus subject to 5 U.S.C. 552a(k)(2); if a particular record in a listed system does not meet that test, the exemption would not apply to that record. See 71.51(b) which limits the exemption to information qualifying under the statute.