---
kind: "section"
citation: "20 U.S.C. § 7712"
title: "20"
title_heading: "Education"
number: "7712"
heading: "Forgiveness of overpayments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/7712"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter VII — Impact Aid"
---

# §7712. Forgiveness of overpayments


Notwithstanding any other provision of law, the [Secretary](/usc/20/7801.md?p=46) may forgive the obligation of a [local educational agency](/usc/20/7713.md?p=9-A) to repay, in whole or in part, the amount of any overpayment received under this subchapter, or under this subchapter’s predecessor authorities, if the [Secretary](/usc/20/7801.md?p=46) determines that the overpayment was made as a result of an error made by—

- (1) the [Secretary](/usc/20/7801.md?p=46); or
- (2) the [local educational agency](/usc/20/7713.md?p=9-A) and repayment of the full amount of the overpayment will result in an undue financial hardship on the agency and seriously harm the agency’s educational program.

## Source credit

(Pub. L. 89–10, title VII, § 7012, formerly title VIII, § 8012, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3769; amended Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1815], Oct. 30, 2000, 114 Stat. 1654, 1654A–387; renumbered title VII, § 7012, Pub. L. 114–95, title VII, § 7001(c)(2), Dec. 10, 2015, 129 Stat. 2074.)

## Notes

### Editorial Notes

### Amendments

2000—Pub. L. 106–398 substituted “under this subchapter’s predecessor authorities” for “under the Act of September 30, 1950 (Public Law 874, 81st Congress) or the Act of September 23, 1950 (Public Law 815, 81st Congress) (as such Acts were in effect on the day preceding October 20, 1994)” in introductory provisions.