Page:United States Statutes at Large Volume 123.djvu/173

 123STA T . 1 5 3 PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9(A)has a now n er sh ip in t erest in that c oncern or ( B ) has an ownership interest in another concern that itse lf has an ownership interest in that concern . ( 2 ) FIRMS I NV I OLAT ION O F IMMI G RATION LA W S. —N o loan gu arantee m a yb ema d e under this section for a loan to any entity found , based on a determination by the S ecretary of H omeland Security or the Attorney G eneral to ha v e engaged in a pattern or practice of hiring, recruiting or referring for a fee, for employment in the U nited States an alien k nowing the person is an unauthori z ed alien. (d) C RIMINAL BA CK GRO U N D C HE CKS.— P rior to the approval of any loan guarantee under this section, the Administrator may verify the applicant ’ s criminal background, or lack thereof, through the best available means, including, if possible, use of the National Crime I nformation Center computer system at the Federal Bureau of Investigation. (e) A P PLICATION OF O THER L AW.—Nothing in this section shall be construed to e x empt any activity of the Administrator under this section from the Federal Credit R eform Act of 19 9 0 (title V of the Congressional Budget and Impoundment Control Act of 19 74 6 61 and following). (f) SUNSET.—Loan guarantees may not be issued under this section after the date 12 months after the date of enactment of this Act. (g) SMALL BUSINESS ACT PROVISIONS.— T he provisions of the Small Business Act applicable to loan guarantees under section 7 of that Act and regulations promulgated thereunder as of the date of enactment of this Act shall apply to loan guarantees under this section except as otherwise provided in this section. (h) AUTHORI Z ATION.—There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 5 0 3 . E STA B LISHMENT OF SBA SECONDAR YM ARKET GUAR - ANTEE AUTHORITY. (a) PURPOSE.—The purpose of this section is to provide the Administrator with the authority to establish the SBA Secondary Market Guarantee Authority within the SBA to provide a Federal guarantee for pools of first lien 504 loans that are to be sold to third-party investors. (b) D EFINITIONS.—For purposes of this section (1) The term ‘ ‘Administrator’’ means the Administrator of the Small Business Administration. (2) The term ‘‘first lien position 504 loan’’ means the first mortgage position, non-federally guaranteed loans made by pri- vate sector lenders made under title V of the Small Business Investment Act. (c) ESTABLISHMENT OF AUTHORITY.— (1) ORGANIZATION.— (A) The Administrator shall establish a Secondary Market Guarantee Authority within the Small Business Administration. (B) The Administrator shall appoint a Director of the Authority who shall report to the Administrator. (C) The Administrator is authorized to hire such per- sonnel as are necessary to operate the Authority and may contract such operations of the Authority as necessary to q ualified third party companies or individuals. Ap p licab ili ty.
 * 2 U.S.C.