---
kind: "section"
citation: "32 C.F.R. § 2002.36"
title: "32"
number: "2002.36"
heading: "Legacy materials."
url: "https://uscodex.org/cfr/32/2002.36"
---

# §2002.36. Legacy materials.

- (a) Agencies must review documents created prior to November 14, 2016 and re-mark any that contain information that qualifies as CUI in accordance with the Order, this part, and the CUI Registry. When agencies do not individually re-mark legacy material that qualifies as CUI, agencies must use an alternate permitted marking method (see [§ 2002.20(a)(8)](/cfr/32/2002.20.md?p=a-8)).
- (b) When the CUI SAO deems re-marking legacy documents to be excessively burdensome, the CUI SAO may grant a legacy material marking waiver under [§ 2002.38(b)](/cfr/32/2002.38.md?p=b).
- (c) When the agency re-uses any information from legacy documents that qualifies as CUI, whether the documents have obsolete control markings or not, the agency must designate the newly-created document (or other re-use) as CUI and mark it accordingly.

## Notes

### Authority

Authority: E.O. 13556, 75 FR 68675, 3 CFR, 2010 Comp., pp. 267-270.

### Source

Source: 81 FR 63336, Sept. 14, 2016, unless otherwise noted.
