32 CFR § 2002.36 - Legacy materials.

---
identifier: "/us/cfr/t32/s2002.36"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "32 CFR § 2002.36 - Legacy materials."
title_number: 32
title_name: "National Defense"
section_number: "2002.36"
section_name: "Legacy materials."
chapter_name: "INFORMATION SECURITY OVERSIGHT OFFICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION"
part_number: "2002"
part_name: "CONTROLLED UNCLASSIFIED INFORMATION (CUI)"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "E.O. 13556, 75 FR 68675, 3 CFR, 2010 Comp., pp. 267-270."
regulatory_source: "81 FR 63336, Sept. 14, 2016, unless otherwise noted."
cfr_part: "2002"
---


# 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)).

(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).

(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.