[Code of Federal Regulations] [Title 7 Volume 4] [Revised as of January 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR272.11] [Page 584-586] TITLE 7--AGRICULTURE CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE PART 272--REQUIREMENTS FOR PARTICIPATING STATE AGENCIES--Table of Contents Sec. 272.11 Systematic Alien Verification for Entitlements (SAVE) Program. (a) General. A State agency shall participate in the SAVE Program established by the Immigration and Naturalization Service (INS), in order to verify the validity of documents provided by aliens applying for food stamp benefits with the central data files maintained by INS. (b) Agreements. (1) Prior to implementing the SAVE Program, the State agency shall execute an agreement with INS. The agreement shall specify the information to be exchanged and the procedures which will be used in the exchange of information. (2) The agreement shall cover at least the following areas: (i) Identification of positions of all agency officials with authority to request immigration status information; (ii) Identification and location of all SAVE access points covered by the agreement; (iii) For automated SAVE verification through access to the Alien Status Verification Index (ASVI), as outlined in paragraph (d)(1) of this section, a description of the access method and procedures; (iv) For secondary verification as described in paragraph (d)(2) of this section, the locations of INS District Offices to which verification requests will be directed; (v) The safeguards limiting release or redisclosure as required by State or Federal law or regulation as discussed in Sec. 272.1(c) and as may be required by other guidelines published by the Secretary; and (vi) Reimbursement or billing agreements for ongoing SAVE operational costs, as well as any developmental costs associated with establishing access to the ASVI database. (c) Use of data. The State agency shall use information obtained through the SAVE Program only for the purposes of: (1) Verifying the validity of documentation of alien status presented by an applicant; (2) Verifying an individual's eligibility for benefits; (3) Investigating whether participating households received benefits to [[Page 585]] which they were not entitled, if an individual was previously certified to receive benefits on the basis of eligible alien status; and (4) Assisting in or conducting administrative disqualification hearings, or criminal or civil prosecutions based on receipt of food stamp benefits to which participating households were not entitled. (d) Method of verification--(1) SAVE verification through ASVI access. (i) The State agency shall establish a method of accessing the Alien Status Verification Index (ASVI) database and shall attempt to verify the alien's documented status through this method before proceeding to secondary verification unless: (A) The State agency has determined that the documentation presented is questionable; or (B) The State agency accepts documents that are not issued by the INS but are determined by the State agency to be reasonable evidence of the alien's immigration status. (ii) Methods of access to the ASVI may include: (A) Direct automated access through dedicated telecommunications, modem, point-of-sale terminal, telephone or other access device; or (B) Periodic file match. (iii) The State agency shall describe the methods of access in the attachment to the Plan of Operation and shall obtain prior approval from FNS as prescribed by Sec. 277.18 and appendix A to part 277 before obtaining equipment, supplies or services to establish such access. (iv) The State agency shall ensure that the method of access to the ASVI protects the individual's privacy to the maximum degree possible. (2) Secondary SAVE verification. The State agency may verify the documentation presented by an alien applicant by completing INS Form G- 845 and submitting photocopies of such documentation to the INS for verification as described in Sec. 272.2(f)(10). This secondary verification procedure shall be used by the State agency whenever the applicant-individual's documented alien status has not been verified through automated access to the ASVI as described in paragraph (d)(1) of this section or significant discrepancies exist between the data on the ASVI and the information provided by the alien applicant. (e) Plan of operation. (1) The requirements for participation in the SAVE Program shall be included in an attachment to the State agency's Plan of Operation as required in Sec. 272.2(d). This document shall include a description of procedures used, method of access and the agreement specified in paragraph (b) of this section, including steps taken to meet requirements of limiting disclosure and safeguarding of information obtained from food stamp households as specified in Sec. 272.1. (2) The State agency shall also submit as part of the plan a Budget Projection Statement (FNS-366A) which includes an estimate of costs for the implementation and operation of the SAVE Program. The State agency shall submit with the Budget Projection Statement a narrative justification of estimated costs as required in Sec. 272.2(c)(1)(i). [53 FR 39440, Oct. 7, 1988, as amended at 65 FR 33439, May 24, 2000] Effective Date Note: At 65 FR 70193, Nov. 21, 2000, in Sec. 272.11, in paragraph (a), the word, ``shall'' was removed and the word ``may'' was added, paragraphs (b)(2)(iii), (iv) and (d) were revised, paragraph (e)(2) was removed and paragraph (e)(1) was redesignated as (e), effective January 20, 2001. For the convenience of the user the revised text is set forth as follows: Sec. 272.11 Systematic Alien Verification for Entitlements (SAVE) Program. * * * * * (b) * * * (2) * * * (iii) For automated SAVE verification through access to the Alien Status Verification Index (ASVI), a description of the access method and procedures; (iv) For secondary verification as described in paragraph (d) of this section, the locations of INS District Offices to which verification requests will be directed; * * * * * (d) Method of verification. The State agency may verify the documentation presented by an alien applicant by completing INS Form G- 845 and submitting photocopies of such documentation to the INS for verification as described in Sec. 273.2(f)(10) of this chapter. In [[Page 586]] States that participate in SAVE, the State agency must use this secondary verification procedure whenever the applicant-individual's documented alien status has not been verified through automated access to the ASVI or significant discrepancies exist between the data on the ASVI and the information provided by the alien applicant. * * * * *