[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4586 Introduced in House (IH)]

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 Tennessee, Mr. Bartlett, Mr. Fleming, 
   Mrs. Schmidt, Ms. Granger, Ms. Fallin, Mr. Akin, and Mr. Brady of 
    Texas) introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
  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.

    Be it enacted by the Senate and House of Representatives 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''.

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 otherwise 
        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 mortgage on the same property,
        unless the identity and work eligibility of the mortgagor under 
        such mortgage has been confirmed by an inquiry under 
        subparagraph (B).
    ``(B) An inquiry under this subparagraph is an inquiry 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; 
commonly referred to as the E-Verify program). Notwithstanding any 
other provision of law, lenders for single-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 inquiries, 
under such basic pilot program.
    ``(C) For purposes of this paragraph, the term `single-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 following new paragraph:
    ``(6)(A) Notwithstanding any other provision of law, the 
Corporation may not--
            ``(i) refinance, restructure, or modify, or otherwise 
        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 mortgage on the same property,
        unless the identity and work eligibility of the mortgagor under 
        such mortgage has been confirmed by an inquiry under 
        subparagraph (B)
    ``(B) An inquiry under this subparagraph is an inquiry 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; 
commonly referred to as the E-Verify program). Notwithstanding any 
other provision of law, lenders for single-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 inquiries, 
under such basic pilot program.
    ``(C) For purposes of this paragraph, the term `single-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 MODIFICATION OF MORTGAGES.

    ``(a) Prohibition.--Notwithstanding any other provision of law, the 
Secretary may not--
            ``(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 modification of the 
        mortgagor's previous single-family housing 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 program under section 403(a) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note; commonly referred to as the E-Verify program). 
Notwithstanding any other provision of law, lenders 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 pursuant to such 
inquiries, under such basic pilot program.
    ``(c) Single-Family Housing Mortgage.--For purposes of this 
paragraph, the term `single-family housing mortgage' means a mortgage 
that is secured by a 1- to 4-family residence.''.
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