118 STAT. 2187 PUBLIC LAW 108–375—OCT. 28, 2004 (b) SOCIAL SECURITY EARNINGS INFORMATION.—Subtitle C of such Act is amended by adding after section 3651 (42 U.S.C. 7385j) the following new section: ‘‘SEC. 3652. SOCIAL SECURITY EARNINGS INFORMATION. ‘‘Notwithstanding the provision of section 552a of title 5, United States Code, or any other provision of Federal or State law, the Social Security Administration shall make available to the Secretary of Labor, upon written request, the Social Security earnings information of living or deceased employees who may have sustained an illness that is the subject of a claim under this title, which the Secretary of Labor may require to carry out the provisions of this title.’’. (c) RECOVERY OF OVERPAYMENT.—Subtitle C of such Act is further amended by adding after section 3652 (as added by sub section (b)) the following new section: ‘‘SEC. 3653. RECOVERY AND WAIVER OF OVERPAYMENTS. ‘‘(a) IN GENERAL.—When an overpayment has been made to an individual under this title because of an error of fact or law, recovery shall be made under regulations prescribed by the Sec retary 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 title 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 title 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) of this section, or when recovery under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.’’. SEC. 3164. TRANSFER OF FUNDS FOR FISCAL YEAR 2005. Of the funds appropriated to the Secretary of Energy for fiscal year 2005 for the Energy Employees Occupational Illness Com pensation Program, the Secretary of Energy shall transfer to the Secretary of Labor the amount of funds that the Secretary of Energy, in consultation with the Secretary of Labor, determine will be necessary for fiscal year 2005 to administer the provisions of subtitle E of the Energy Employees Occupational Illness Com pensation Program Act of 2000, as added by this Act. SEC. 3165. USE OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COM PENSATION FUND FOR CERTAIN PAYMENTS TO COVERED URANIUM EMPLOYEES. (a) IN GENERAL.—Section 3630 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384u) is amended in subsection (d) by inserting after ‘‘The com pensation provided under this section’’ the following: ‘‘and the com pensation provided under section 5 of the Radiation Exposure Com pensation Act’’. (b) CONFORMING AMENDMENT.—Section 6(c)(1) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended by 42 USC 7385j–2. 42 USC 7385j–1.
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