‘‘(3) APPLICATION REQUIRED.—No grant may 
be awarded under this section except pursuant to an 
application that is made in such form and manner, 
and containing such information, as the Secretary 
may require. 
‘‘(b) PROGRAM PLANNING GRANTS.— 
‘‘(1) IN GENERAL.—Under the grant program 
the Secretary may award grants to one or more 
commercial fishing States (or to organizations with 
a history of active involvement in the commercial 
fishing industry in such a State, including knowl-
edge of economic and social aspects of such indus-
try), not to exceed $200,000 for each year and for 
no more than two years, to conduct initial research 
and planning for the development of a qualified 
health care coverage program in the State. Any 
grantee under this subsection shall— 
‘‘(A) conduct a demographic survey of the 
State’s commercial fishing industry and such 
industry’s health care needs; and 
‘‘(B) develop a strategic plan, including a 
detailed financial plan, for implementation of a 
qualified health care coverage program within 
the State. 
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‘‘(2) CONSULTATION
WITH
STATES.—Before 
awarding a grant under this subsection to an organi-
zation, the Secretary shall consult with States where 
the organization is located in order to assist in a de-
termination as to whether the organization— 
‘‘(A) has the necessary familiarity with 
and knowledge of the commercial fishing indus-
try in the State to fulfill the purposes of the 
grant; and 
‘‘(B) has a history of fraudulent or abusive 
practices that would disqualify the organization 
from carrying out the grant. 
‘‘(3) ACTIONS
FOLLOWING
COMPLETION
OF 
PLANNING
GRANTS.—Based on the research find-
ings, financial plan, and other recommendations de-
veloped by the State or organization under para-
graph (1), a State may submit an application for 
program implementation and administration grants 
under subsection (c). 
‘‘(c) IMPLEMENTATION AND PROGRAM ADMINISTRA-
TION GRANTS.— 
‘‘(1) IN GENERAL.—Under the grant program, 
subject to the succeeding provisions of this sub-
section, the Secretary may award the following 
grants to commercial fishing States: 
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‘‘(A) INITIAL IMPLEMENTATION GRANTS.— 
A grant, not to exceed $2,000,000 for each year 
and for no more than two years, for initial im-
plementation of a qualified health care coverage 
program. 
‘‘(B) 
PROGRAM
ADMINISTRATION 
GRANTS.—A grant, not to exceed $3,000,000 
for each year and for no more than five years, 
for administration of a qualified health care 
coverage program. 
‘‘(C) 
CONTINUED
ADMINISTRATION 
GRANTS.—A grant, not to exceed $3,000,000 
for each year, for continued administration of a 
qualified health care coverage program in a 
State that has been awarded administration 
grants for 5 years under subparagraph (B) and 
that has satisfactorily administered such pro-
gram using the funds provided by such grants 
for at least 5 years, if the economic conditions 
of the fishing industry in the program’s service 
area (or the condition of fish stocks that are 
important to the fishing industry in such area) 
jeopardize the ability of the program to con-
tinue providing affordable health care coverage. 
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A grant may be made for a qualified health care cov-
erage program under subparagraph (A) or (B) re-
gardless of whether or not the program was devel-
oped with a program planning grant under sub-
section (b) or was implemented under a grant under 
subparagraph (A), respectively, and regardless of 
whether the program was developed or initially im-
plemented before the date of the enactment of this 
section. 
‘‘(2) ELIGIBILITY
REQUIREMENTS.—The Sec-
retary may not award a grant under this subsection 
to a commercial fishing State for implementation or 
administration of a health care coverage program 
unless— 
‘‘(A) the State demonstrates that the pro-
gram— 
‘‘(i) is a qualified health care coverage 
program and enrolls fishing industry mem-
bers and their families if they were unin-
sured or underinsured; and 
‘‘(ii) requires Federal funding for its 
operation; and 
‘‘(B) the State provides assurances satis-
factory to the Secretary that— 
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‘‘(i) if the program is an expansion of 
an existing health care coverage program, 
the State will use the grant funding to ex-
pand the enrolled population of uninsured 
or underinsured commercial fishing indus-
try members and their families, or modify 
coverage to comply with qualified health 
care coverage, under the program and to 
supplement, and not supplant, State pro-
vided funding for such program; or 
‘‘(ii) if the program is a new qualified 
health care coverage program, the State 
will ensure the program’s continued suc-
cess through the implementation of appro-
priate financial and consumer protection 
regulations, controls, licensing, or oversight 
policies, including (as determined by the 
State) any of the following: 
‘‘(I) Protection against insol-
vency, fraud and abuse. 
‘‘(II) State-based stop-loss pro-
tection. 
‘‘(III) Reinsurance. 
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‘‘(IV) 
Receivership/liquidation 
protection against insolvency for indi-
viduals. 
‘‘(V) Another demonstration of 
State financial commitment. 
‘‘(3) REQUIREMENT OF MATCHING FUNDS.— 
‘‘(A) IN GENERAL.—A grant may be made 
under this subsection only if the State agrees to 
make available (directly or through donations 
from public or private entities) non-Federal 
contributions toward such costs in an amount 
that is not less than $1 for each $2 of Federal 
funds provided in the grant. 
‘‘(B) DETERMINATION
OF
AMOUNT
CON-
TRIBUTED.—Non-Federal 
contributions 
re-
quired in subparagraph (A) may be in cash or 
in kind, fairly evaluated, including plant, equip-
ment, or services. Amounts provided by the 
Federal Government, or services assisted or 
subsidized to any significant extent by the Fed-
eral Government, may not be included in deter-
mining the amount of such non-Federal con-
tributions. 
‘‘(4) CONTRACTING AUTHORITY.— 
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‘‘(i) have a history of fraudulent or 
abusive practices that would disqualify 
them from participating in a contract or 
subcontract; 
‘‘(ii) have the capability and experi-
ence to assist in the management of a 
qualified health care coverage program; 
and 
‘‘(iii) in the case of commercial fishing 
organizations, have an appropriate level of 
familiarity with, and knowledge of, the 
commercial fishing industry. 
‘‘(d) DEFINITIONS.—For purposes of this section: 
‘‘(1) COMMERCIAL FISHING STATE.—The term 
‘commercial fishing State’ means a State (as defined 
in section 2(f)) with a significant commercial fishing 
population or a significant commercial fishing indus-
try. The Secretary shall accept a State’s self-certifi-
cation that it is a commercial fishing State if the 
State demonstrates to the Secretary that— 
‘‘(A) such self-certification is based on con-
sultation by the State with local organizations 
familiar with the commercial fishing industry in 
the State; and 
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‘‘(B) the State has a significant commer-
cial fishing population or a significant commer-
cial fishing industry. 
‘‘(2) COMMERCIAL
FISHING
INDUSTRY
MEM-
BER.—The term ‘commercial fishing industry mem-
ber’ means a fisherman, crewmember, boat owner, 
captain, shore side business owner, employee of a 
company that provides shore side support, harvester, 
or other individual performing commercial fishing in-
dustry-related work, if more than half of such indi-
vidual’s income derives from such work at the time 
the individual enrolls in a qualified health care cov-
erage program. 
‘‘(3) QUALIFIED HEALTH CARE COVERAGE PRO-
GRAM.—The term ‘qualified health care coverage 
program’ means a program that provides qualified 
health care coverage to commercial fishing industry 
members and their families consistent with the fol-
lowing: 
‘‘(A) Eligibility for enrollment of such 
members and families is only restricted by ca-
pacity, based on a first come, first served basis 
when space is limited, and health status related 
factors (as defined in section 2702), age, and 
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gender may not be used as a basis for deter-
mining eligibility. 
‘‘(B) The program does not include any 
preexisting condition exclusion (as defined in 
section 2701) or any coverage elimination rider 
that permanently excludes from coverage an ex-
isting medical condition. 
‘‘(C) Premium rates under the program 
are computed based on a community rate, and 
may be adjusted only for income and family 
size. 
‘‘(4) QUALIFIED HEALTH CARE COVERAGE.— 
The term ‘qualified health care coverage’ means cov-
erage that meets any of the following conditions: 
‘‘(A) FEHBP COVERAGE.—The coverage 
is actuarially equivalent to the coverage pro-
vided under the health benefits plan, under 
chapter 89 of title 5, United States Code, which 
has the largest enrollment, either in the United 
States or in the State involved. 
‘‘(B) STATE EMPLOYEES COVERAGE.—The 
coverage is actuarially equivalent to the cov-
erage provided under the health benefits plan, 
that is offered by the State to State government 
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employees, which has the largest enrollment of 
such plans in the State. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for the 
purpose of carrying out this section— 
‘‘(1) $5,000,000 for fiscal year 2009; 
‘‘(2) $5,000,000 for fiscal year 2010; 
‘‘(3) $10,000,000 for fiscal year 2011; 
‘‘(4) $10,000,000 for fiscal year 2012; and 
‘‘(5) $20,000,000 for fiscal year 2013.’’. 
Æ 
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