income households speak a language other than 
English; and 
‘‘(F) shall utilize State agency personnel 
who are employed in accordance with the cur-
rent standards for a Merit System of Personnel 
Administration or any standards later pre-
scribed by the Office of Personnel Management 
pursuant to section 208 of the Intergovern-
mental Personnel Act of 1970 (42 U.S.C. 4728) 
modifying or superseding such standards relat-
ing to the establishment and maintenance of 
personnel standards on a merit basis to make 
all tentative and final determinations of eligi-
bility and ineligibility. 
‘‘(4) STREAMLINED ELIGIBILITY FOR CERTAIN 
BENEFICIARIES OF FEDERAL PROGRAMS.— 
‘‘(A) IN
GENERAL.—The Secretary, the 
Commissioner of Social Security, the Railroad 
Retirement Board, or the Secretary of Veterans 
Affairs shall develop procedures to directly pro-
vide energy refunds to individuals that are 
beneficiaries under the benefit programs admin-
istered by such entities and are eligible to re-
ceive such refunds under the Energy Refund 
Program, if the Secretary determines, in con-
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emcdonald on DSK67QTVN1PROD with BILLS
sultation with the Commissioner of Social Secu-
rity, the Railroad Retirement Board, and the 
Secretary of Veterans Affairs, that— 
‘‘(i) one or more of such entities are 
able to determine the gross income of such 
beneficiaries for purposes of determining 
eligibility for the energy refund; 
‘‘(ii) such entities are able to coordi-
nate to ensure that such beneficiaries do 
not receive multiple energy refunds; and 
‘‘(iii) Federal provision of energy re-
funds would be more efficient and result in 
receipt of energy refunds by a greater 
number of eligible beneficiaries than deliv-
ery of such refunds by the States. 
‘‘(B) RECEIPT OF REFUNDS.—Any low-in-
come beneficiary who receives an energy refund 
pursuant to the procedures developed under this 
paragraph shall not be eligible for an energy re-
fund otherwise provided by a State agency 
under this section. 
‘‘(5) REGULATIONS.— 
‘‘(A) Except as provided in subparagraph 
(B), the Secretary shall issue such regulations 
consistent with this section as the Secretary 
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emcdonald on DSK67QTVN1PROD with BILLS
deems necessary or appropriate for the effective 
and efficient administration of the Energy Re-
fund Program, and shall promulgate all such 
regulations in accordance with the procedures 
set forth in section 553 of title 5, United States 
Code. 
‘‘(B) Without regard to section 553 of title 
5 of such Code, the Secretary may by rule pro-
mulgate as final, to be effective until not later 
than 2 years after the date of the enactment of 
the Tax Pollution, Not Profits Act, any proce-
dures that are substantially the same as the 
procedures governing the Supplemental Nutri-
tion Assistance Program in section 273.2, 
273.12, or 273.15 of title 7, Code of Federal 
Regulations. 
‘‘(C) Notwithstanding paragraphs (2) and 
(3) of subsection (i), the Secretary shall pro-
mulgate regulations requiring streamlined eligi-
bility determinations for some or all households 
which include individuals receiving medical as-
sistance under a State plan approved under 
title XIX or XXI of this Act or individuals re-
ceiving premium credits for the purchase of 
qualified health insurance coverage pursuant to 
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emcdonald on DSK67QTVN1PROD with BILLS
section 36B of the Internal Revenue Code of 
1986. The regulations shall institute procedures 
whereby the gross income and family size infor-
mation used for determining eligibility under 
such provisions serve as the basis for deter-
mining eligibility for the Energy Refund Pro-
gram. 
‘‘(D) Notwithstanding any other provision 
of this section, the Secretary may authorize 
States to provide benefits under this section on 
a quarterly basis if the Secretary determines 
that the amount of the benefits that would be 
provided on a monthly basis to households is in-
sufficient to be efficiently paid on a monthly 
basis in light of the administrative expenses of 
the Energy Refund Program. 
‘‘(6) CONTROLLING LAW.—For purposes of any 
administrative or judicial action or proceeding initi-
ated by a household to a provision arising under this 
section, including any procedures established by a 
State agency under paragraph (3) or any regulations 
issued by the Secretary under paragraph (4), such 
action or proceeding shall be subject to the following 
conditions: 
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‘‘(A) LIMITATION
ON
RECOVERY
FOR 
WRONGFUL OR ERRONEOUS WITHHOLDING OF 
REFUNDS.—Any energy refunds that are deter-
mined to have been wrongfully or erroneously 
withheld from a household shall be restored for 
a period of not greater than 1 year prior to the 
date that the underlying action or proceeding 
was filed, or in the case of an action seeking re-
view of a final State agency determination, not 
more than 1 year prior to the date of the filing 
of a request with the State for the restoration 
of such allotments or, in either case, not more 
than 1 year prior to the date the State agency 
is notified or otherwise discovers the possible 
loss to a household. 
‘‘(B) RECORDS.—Any records maintained 
by a State agency under this section for the 
purpose of certification of applicant households, 
the issuance of energy refunds, or compliance 
with any requirements established by the Sec-
retary shall be made available to a household to 
the extent necessary to carry out such action or 
proceeding and consistent with the privacy 
standards 
established 
under 
subsection 
(e)(2)(A). 
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