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706

Subsistence Guidelines

The Director of the USMS shall administer Witness Security Program funds. The Judicial Security Division of the USMS will supervise the administration of subsistence funds under guidelines set forth by the Director, based upon cost-of-living indices.

Witnesses who are able to support themselves and their family and/or household members will not be furnished subsistence funding assistance.

The USMS will make every effort to assure that protected persons pay debts for which DOJ is furnishing funds, and return loaned property provided by the government. If necessary, final subsistence allowances will be withheld until all such debts are cleared and any loaned property is recovered. If a judgment is entered against a witness, the judgment should be forwarded to OEO so that it can be served on the witness by the USMS or BOP. Relocated witnesses must take immediate steps to satisfy the judgment, or risk disclosure of their names and locations. Further details concerning this matter may be obtained by contacting OEO.

A maintenance-allowance or subsistence assistance will normally be provided for a six-month period once the witness is relocated. In some cases, it may be extended until the protected witness has obtained employment or is self-sufficient by obtaining other means of income. The Program's goal in this regard is to end the need for subsistence not later than six months after the first payment, or once employment is secured, whichever is earlier. If the witness is unemployable, he or she will be assisted in obtaining public assistance.

The prosecutor will be advised of the scheduled termination of a witness's funding and invited to comment. An extension may be authorized when circumstances beyond the control of the witness so dictate.

Incarcerated witnesses should address grievances to BOP, and relocated witnesses should address grievances to the USMS.

[cited in USAM 9-21.500]