I 

111TH CONGRESS 

2D SESSION H. R. 4744 

To require, as a condition for purchase of a home mortgage loan by Fannie 

Mae or Freddie Mac, and insurance of a home mortgage loan under 

the National Housing Act, that the mortgagor be verified under the 

E-Verify program. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2010 

Mr. MARCHANT introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL 

To require, as a condition for purchase of a home mortgage 

loan by Fannie Mae or Freddie Mac, and insurance 

of a home mortgage loan under the National Housing 

Act, that the mortgagor be verified under the E-Verify 

program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘E-Verify Loan Origina5 tion Act of 2010’’. 


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1 SEC. 2. VERIFICATION OF MORTGAGOR UNDER E2 VERIFICATION PROGRAM. 

3 (a) FANNIE MAE.—Subsection (b) of section 302 of 

4 the Federal National Mortgage Association Charter Act 

5 (12 U.S.C. 1717(b)) is amended by adding at the end the 

6 following new paragraph: 

7 ‘‘(7)(A) Notwithstanding any other provision of law, 

8 after the date of the enactment of the E-Verify Loan 

9 Origination Act of 2010, the corporation may not pur10 chase any single-family housing mortgage unless the iden11 tity and work eligibility of the mortgagor under such mort12 gage has been confirmed by an inquiry under subpara13 graph (B). 

14 ‘‘(B) An inquiry under this subparagraph is an in15 quiry made through the basic pilot program under section 

16 403(a) of the Illegal Immigration Reform and Immigrant 

17 Responsibility Act of 1996 (8 U.S.C. 1324a note; com18 monly referred to as the E-Verify program). Notwith19 standing any other provision of law, lenders for single20 family housing mortgages and the corporation may submit 

21 such inquiries regarding the identities and work eligibility 

22 of mortgagors under such mortgages, and may be provided 

23 confirmations and nonconfirmations pursuant to such in24 quiries, under such basic pilot program. 


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1 ‘‘(C) For purposes of this paragraph, the term ‘sin2 gle-family housing mortgage’ means a mortgage that is 

3 secured by a 1- to 4-family residence.’’. 

4 (b) FREDDIE MAC.—Subsection (a) of section 305 of 

5 the Federal Home Loan Mortgage Corporation Act (12 

6 U.S.C. 1454(a)) is amended by adding at the end the fol7 lowing new paragraph: 

8 ‘‘(6)(A) Notwithstanding any other provision of law, 

9 after the date of the enactment of the E-Verify Loan 

10 Origination Act of 2010, the Corporation may not pur11 chase any single-family housing mortgage unless the iden12 tity and work eligibility of the mortgagor under such mort13 gage has been confirmed by an inquiry under subpara14 graph (B). 

15 ‘‘(B) An inquiry under this subparagraph is an in16 quiry made through the basic pilot program under section 

17 403(a) of the Illegal Immigration Reform and Immigrant 

18 Responsibility Act of 1996 (8 U.S.C. 1324a note; com19 monly referred to as the E-Verify program). Notwith20 standing any other provision of law, lenders for single21 family housing mortgages and the Corporation may sub22 mit such inquiries regarding the identities and work eligi23 bility of mortgagors under such mortgages, and may be 

24 provided confirmations and nonconfirmations pursuant to 

25 such inquiries, under such basic pilot program. 


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1 ‘‘(C) For purposes of this paragraph, the term ‘sin2 gle-family housing mortgage’ means a mortgage that is 

3 secured by a 1- to 4-family residence.’’. 

4 (c) FHA.—Title II of the National Housing Act (12 

5 U.S.C. 1707 et seq.) is amended by adding at the end 

6 the following new section: 

7 ‘‘SEC. 543. E-VERIFICATION REQUIREMENT FOR MORTGA8 GORS. 

9 ‘‘(a) PROHIBITION.—Notwithstanding any other pro10 vision of law, after the date of the enactment of the E11 Verify Loan Origination Act of 2010, the Secretary may 

12 not newly insure any single-family housing mortgage un13 less the identity and work eligibility of the mortgagor 

14 under such mortgage has been confirmed by an inquiry 

15 under subsection (b). 

16 ‘‘(b) E-VERIFY INQUIRIES.—An inquiry under this 

17 subsection is an inquiry made through the basic pilot pro18 gram under section 403(a) of the Illegal Immigration Re19 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

20 1324a note; commonly referred to as the E-Verify pro21 gram). Notwithstanding any other provision of law, lend22 ers for single-family housing mortgages and the Secretary 

23 may submit such inquiries regarding the identities and 

24 work eligibility of mortgagors under such mortgages, and 


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1 may be provided confirmations and nonconfirmations pur2 suant to such inquiries, under such basic pilot program. 

3 ‘‘(c) SINGLE-FAMILY HOUSING MORTGAGE.—For 

4 purposes of this paragraph, the term ‘single-family hous5 ing mortgage’ means a mortgage that is secured by a 1- 

6 to 4-family residence.’’. 

Æ 


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