The Freedom of Information Act (FOIA) requires federal agencies to make Government records available to the public, subject to nine exemptions. This case concerns Exemption 2, which protects from disclosure material “related solely to the internal personnel rules and practices of an agency.” 5 U. S. C.§552(b)(2). This provision replaced an Administrative Procedure Act (APA) exemption for “any matter relating solely to the internal management of an agency,” 5 U. S. C. §1002 (1964 ed.). Congress believed that the “sweep” of the phrase “internal management” had led to excessive withholding, and drafted Exemption 2 “to have a narrower reach.” Department of Air Force v. Rose, 425 U. S. 352, 362–363.
In Rose, the Court found that Exemption 2 could not be invoked to withhold Air Force Academy honor and ethics hearing summaries. The exemption, the Court suggested, primarily targets material concerning employee relations or human resources. But the Court stated a possible caveat: That understanding of the provision’s coverage governed “at least where the situation is not one where disclosure may risk circumvention of agency regulation.” Id., at 369. The D. C. Circuit subsequently converted this caveat into a new definition of Exemption 2’s scope, finding that the exemption also covered any “predominantly internal” materials whose disclosure would “significantly ris[k] circumvention of agency regulation or statutes.” Crooker v. Bureau of Alcohol, Tobacco & Firearms, 670 F. 2d 1051, 1056–1057, 1074. Courts now use the term “Low 2” for human resources and employee relations records and “High 2” for records whose disclosure would risk circumvention of the law.
