When handling DOD Legacy marked material (FOUO, SBU, LES), it is required per DODI 5200.48 that
A. It is automatically remarked as CUI
B. Markings must be redacted or re-marked per new CUI requirements when sharing outside of DOD
C. It is remarked as Confidential
D. It is remarked only when it is comingled with classified information
The correct Answer and Explanation is:
The correct answer is: B. Markings must be redacted or re-marked per new CUI requirements when sharing outside of DOD.
Explanation:
The Department of Defense (DoD) Instruction (DoDI) 5200.48, titled “Controlled Unclassified Information (CUI),” outlines the handling requirements for materials marked under older systems such as For Official Use Only (FOUO), Sensitive But Unclassified (SBU), and Law Enforcement Sensitive (LES). These are considered legacy markings that predate the newer CUI framework.
When handling legacy marked material, it is essential to ensure compliance with the current CUI program, which was implemented across the federal government to standardize the handling of unclassified but sensitive information. The purpose of the CUI program is to prevent the inconsistent safeguarding and dissemination practices that previously existed across different agencies. Therefore, materials that were originally marked with FOUO, SBU, or LES need to be reviewed for their relevance under the CUI program.
Option B is correct because, according to DoDI 5200.48, when sharing legacy-marked materials with external organizations (including non-DoD entities), these materials must either be redacted or re-marked according to the CUI guidelines. This ensures that sensitive but unclassified information is consistently protected based on the level of sensitivity and dissemination control, in line with CUI requirements.
Legacy markings like FOUO do not automatically equate to a CUI designation, as the CUI program is more specific about the types of information that need to be controlled. Therefore, materials marked under the old systems must be examined to determine if they qualify as CUI and, if they do, they should be appropriately re-marked before being shared outside the DoD.
By following this procedure, the DoD ensures compliance with the CUI program’s intent to standardize unclassified information protection across federal agencies.