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erwise mitigated under paragraph (1) meets the criteria established under subsection (a) or section 4(a).
(3) Certain administrative procedure requirements inapplicable.—Section 553 of title 5, United State Code, shall not apply to any regulation promulgated pursuant to paragraph (1).
SEC. 4. ADDRESSING INFORMATION AND COMMUNICATIONS TECHNOLOGY PRODUCTS AND SERVICES HOLDINGS THAT POSE UNDUE OR UNACCEPTABLE RISK.
(a) In General.—The Secretary shall identify and refer to the President any covered holding that the Secretary determines, in consultation with the relevant executive department and agency heads, poses an undue or unacceptable risk to the national security of the United States or the security and safety of United States persons.
(b) Procedure.—
(1) Review and referral.—The Secretary shall, by regulation, establish procedures by which the Secretary, in consultation with the relevant executive department and agency heads, shall—
(A) conduct reviews of holdings to determine if such holdings constitute covered hold-
