Background on Legacy Markings and CUI
Legacy markings refer to classification labels used before the implementation of theControlled Unclassified Information (CUI) ProgramunderDoD Instruction 5200.48.
Documents with legacy markings (such as “For Official Use Only” (FOUO) or “Sensitive But Unclassified” (SBU)) must be reviewed for re-marking or redaction to align withCUI requirements.
When Must Legacy Markings Be Updated?
If the document is retained internally (Answer A - Incorrect): Documents under DoD control do not require immediate re-marking unless they are being shared externally.
If the document is classified as Secret (Answer B - Incorrect): This question is aboutCUI, not classified information. Secret-level documents follow different marking rules underDoD Manual 5200.01.
If a document is being shared externally (Answer C - Correct):
According toDoD Instruction 5200.48, Section 3.6(a), organizations mustreview legacy markings before sharing documents outside the organization.
The document must bere-markedin compliance with the CUI Program before dissemination.
If the original document does not contain CUI (Answer D - Incorrect): The original source document's status does not affect the requirement to re-mark a derivative document if it contains CUI.
Conclusion
The correct answer isC: Documents with legacy markings must bere-marked or redacted when being shared outside the organizationto comply with DoD CUI guidelines.
DoD Instruction 5200.48(Controlled Unclassified Information)
CUI Marking Handbook by NARA(National Archives and Records Administration)
CMMC 2.0 Scoping Guide for CUI Environments
