I 
111TH CONGRESS 
2D SESSION 
H. R. 4586 
To require, as a condition for modification of a home mortgage loan held 
by Fannie Mae or Freddie Mac or insured under the National Housing 
Act, that the mortgagor be verified under the E-Verify program. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 3, 2010 
Mr. MARCHANT (for himself, Mr. MCHENRY, Mr. LAMBORN, Mrs. LUMMIS, 
Mr. POSEY, Mr. HENSARLING, Mr. BURGESS, Mr. KING of Iowa, Mr. 
BILBRAY, Mr. BISHOP of Utah, Mr. CAMPBELL, Mr. GOHMERT, Mr. 
LUETKEMEYER, Mr. GINGREY of Georgia, Mr. PITTS, Mr. ROE of Ten-
nessee, Mr. BARTLETT, Mr. FLEMING, Mrs. SCHMIDT, Ms. GRANGER, 
Ms. FALLIN, Mr. AKIN, and Mr. BRADY of Texas) introduced the fol-
lowing bill; which was referred to the Committee on Financial Services 
A BILL 
To require, as a condition for modification of a home mort-
gage loan held by Fannie Mae or Freddie Mac or insured 
under the National Housing Act, that the mortgagor 
be verified under the E-Verify program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mortgage E-Verify Act 
of 2010’’. 
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SEC. 2. VERIFICATION UNDER E-VERIFICATION PROGRAM. 
(a) FANNIE MAE.—Subsection (b) of section 302 of 
the Federal National Mortgage Association Charter Act 
(12 U.S.C. 1717(b)) is amended by adding at the end the 
following new paragraph: 
‘‘(7)(A) Notwithstanding any other provision of law, 
the corporation may not— 
‘‘(i) refinance, restructure, or modify, or other-
wise authorize or enter into any agreement for the 
refinancing, restructuring, or modification of any 
single-family housing mortgage that is held by or 
that backs any security issued by the corporation, or 
‘‘(ii) purchase, or issue any security that is 
backed by, any single-family housing mortgage made 
for the refinancing, restructuring, or modification of 
the mortgagor’s previous single-family housing mort-
gage on the same property, 
unless the identity and work eligibility of the mort-
gagor under such mortgage has been confirmed by 
an inquiry under subparagraph (B). 
‘‘(B) An inquiry under this subparagraph is an in-
quiry made through the basic pilot program under section 
403(a) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note; com-
monly referred to as the E-Verify program). Notwith-
standing any other provision of law, lenders for single- 
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family housing mortgages and the corporation may submit 
such inquiries regarding the identities and work eligibility 
of mortgagors under such mortgages, and may be provided 
confirmations and nonconfirmations pursuant to such in-
quiries, under such basic pilot program. 
‘‘(C) For purposes of this paragraph, the term ‘sin-
gle-family housing mortgage’ means a mortgage that is 
secured by a 1- to 4-family residence.’’. 
(b) FREDDIE MAC.—Subsection (a) of section 305 of 
the Federal Home Loan Mortgage Corporation Act (12 
U.S.C. 1454(a)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(6)(A) Notwithstanding any other provision of law, 
the Corporation may not— 
‘‘(i) refinance, restructure, or modify, or other-
wise authorize or enter into any agreement for the 
refinancing, restructuring, or modification of any 
single-family housing mortgage that is held by or 
that backs any security issued by the Corporation, 
or 
‘‘(ii) purchase, or issue any security that is 
backed by, any single-family housing mortgage made 
for the refinancing, restructuring, or modification of 
the mortgagor’s previous single-family housing mort-
gage on the same property, 
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unless the identity and work eligibility of the mort-
gagor under such mortgage has been confirmed by 
an inquiry under subparagraph (B) 
‘‘(B) An inquiry under this subparagraph is an in-
quiry made through the basic pilot program under section 
403(a) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note; com-
monly referred to as the E-Verify program). Notwith-
standing any other provision of law, lenders for single- 
family housing mortgages and the Corporation may sub-
mit such inquiries regarding the identities and work eligi-
bility of mortgagors under such mortgages, and may be 
provided confirmations and nonconfirmations pursuant to 
such inquiries, under such basic pilot program. 
‘‘(C) For purposes of this paragraph, the term ‘sin-
gle-family housing mortgage’ means a mortgage that is 
secured by a 1- to 4-family residence.’’. 
(c) FHA.—Title II of the National Housing Act (12 
U.S.C. 1707 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 543. E-VERIFICATION REQUIREMENT FOR MODIFICA-
TION OF MORTGAGES. 
‘‘(a) PROHIBITION.—Notwithstanding any other pro-
vision of law, the Secretary may not— 
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‘‘(1) authorize or enter into any agreement for 
the refinancing, restructuring, or modification of any 
single-family housing mortgage that is insured by 
the Secretary under this Act, or 
‘‘(2) insure any single-family housing mortgage 
made for the refinancing, restructuring, or modifica-
tion of the mortgagor’s previous single-family hous-
ing mortgage on the same property, 
unless the identity and work eligibility of the mortgagor 
under such mortgage has been confirmed by an inquiry 
under subsection (b). 
‘‘(b) E-VERIFY INQUIRIES.—An inquiry under this 
subsection is an inquiry made through the basic pilot pro-
gram under section 403(a) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note; commonly referred to as the E-Verify pro-
gram). Notwithstanding any other provision of law, lend-
ers for single-family housing mortgages and the Secretary 
may submit such inquiries regarding the identities and 
work eligibility of mortgagors under such mortgages, and 
may be provided confirmations and nonconfirmations pur-
suant to such inquiries, under such basic pilot program. 
‘‘(c) SINGLE-FAMILY HOUSING MORTGAGE.—For 
purposes of this paragraph, the term ‘single-family hous-
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