---
kind: "section"
citation: "42 U.S.C. § 7385j–2"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7385j–2"
heading: "Recovery and waiver of overpayments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7385j-2"
units:
  - "Chapter 84 — Department of Energy"
  - "Subchapter XVI — Energy Employees Occupational Illness Compensation Program"
  - "Part C — Treatment, Coordination, and Forfeiture of Compensation and Benefits"
---

# §7385j–2. Recovery and waiver of overpayments

- (a) **In general—** When an overpayment has been made to an individual under this subchapter because of an error of fact or law, recovery shall be made under regulations prescribed by the [Secretary](/usc/42/7385s.md?p=3) of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the recovery is completed, recovery shall be made by decreasing later benefits payable under this subchapter with respect to the individual’s death.
- (b) **Waiver—** Recovery by the United States under this section may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience.
- (c) **Liability—** A certifying or disbursing official is not liable for an amount certified or paid by him when recovery of the amount is waived under [subsection (b)](#b) of this section, or when recovery under [subsection (a)](#a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.

## Source credit

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3653], as added Pub. L. 108–375, div. C, title XXXI, § 3163(c), Oct. 28, 2004, 118 Stat. 2187.)