§ 37.8 Requirements for Federal agencies accepting mDLs issued by States with temporary waiver.

Notwithstanding § 37.5(b), Federal agencies may accept an mDL for REAL ID official purposes issued by a State that has a valid certificate of waiver issued by TSA under § 37.7(a). A Federal agency that elects to accept mDLs under this section must— (a) Confirm the State holds a valid certificate of waiver consistent with § 37.7(a) by verifying that the State appears in a list of mDLs approved for Federal use, available as provided in § 37.9(b)(1); (b) Use an mDL reader to retrieve and validate mDL data as required by standard ISO/IEC 18013-5:2021(E) (incorporated by reference; see § 37.4); (c) In accordance with the deadlines set forth in § 37.5, verify that the data element “DHS_compliance” is marked “F”, as required by §§ 37.10(a)(4)(ii) and (a)(1)(vii); and (d) Upon discovery that acceptance of a State's mDL is likely to cause imminent or serious threats to the security, privacy, or data integrity, the agency's senior official responsible for REAL ID compliance, or equivalent function, must report such discovery to TSA as directed at www.tsa.gov/real-id/mDL within 72 hours of such discovery. Information provided in response to this paragraph may contain SSI, and if so, must be handled and protected in accordance with 49 CFR part 1520.