118 STAT. 3320 PUBLIC LAW 108–447—DEC. 8, 2004 owns or operates a property, as identified in the regulatory agreement, including but not limited to— ‘‘(A) any stockholder holding 25 percent or more interest of a corporation that owns that property; ‘‘(B) any beneficial owner of the property under any business or trust; ‘‘(C) any officer, director, or partner of an entity owning or controlling the property; ‘‘(D) any nursing home lessee or operator; ‘‘(E) any hospital lessee or operator; ‘‘(F) any other person or entity that controls the prop erty regardless of that person or entity’s official relationship to the property; and ‘‘(G) any heir, assignee, successor in interest, or agent of any person or entity described in the preceding subpara graphs’’; (5) in subsection (c), by striking ‘‘project’’ the first two places it appears and inserting ‘‘property’’; and (6) in subsection (d), by striking ‘‘project’’ and inserting ‘‘a property’s’’. SEC. 221. Section 204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended— (1) in paragraph (2)— (A) by striking ‘‘following assets of the Secretary’’ and inserting ‘‘following categories of assets of the Secretary, unless the Secretary determines at any time that the asset property is economically or otherwise infeasible to rehabili tate or that the best use of the asset property is as open space (including park land)’’; (B) in subparagraph (B)(ii), by inserting after ‘‘Act’’ the following: ‘‘except for mortgages insured under or made pursuant to sections 235, 247, or 255’’; and (C) by striking subparagraph (C); (2) in the second sentence of paragraph (3), by inserting after ‘‘government’’ the following: ‘‘, States, and Indian tribes’’; (3) in paragraph (4)— (A) in subparagraph (A)(i), by inserting after ‘‘govern ment’’ the following: ‘‘, State, or Indian tribe’’; (B) by revising subparagraph (B)(ii) to read as follows: ‘‘(ii) purchases all assets of the Secretary in the category or categories of eligible assets set forth in the sale agreement required under paragraph (7) that, at any time during the period which shall be set forth in the sale agreement— ‘‘(I) are or become eligible for purchase under this subsection; and ‘‘(II) are located in the asset control area of the purchaser; and’’; and (C) in subparagraph (C), by striking ‘‘purchase of eligible assets under’’ and inserting ‘‘purchase of the cat egory or categories of eligible assets set forth in the sale agreement under’’; (4) in paragraph (6)— (A) by revising subparagraph (C) to read as follows: ‘‘(C) DISCOUNTS.—The Secretary, in the sole discretion of the Secretary, shall establish the discount under this
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