[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR272.11]



[Page 620-621]

 

                          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 may 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



[[Page 621]]



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), 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;

    (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 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. 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 

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.

    (e) Plan of operation. 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.



[53 FR 39440, Oct. 7, 1988, as amended at 65 FR 33439, May 24, 2000; 

Amdt. 388, 65 FR 70193, Nov. 21, 2000]