; and (B) refer to the President covered holdings that are determined under subsection (a) to pose an undue or unacceptable risk. (2) Referrals prior to establishment of regulations At any time preceding the issuance of regulations or establishment of procedures under subparagraph (1), the Secretary may identify and refer to the President a holding determined to be a covered holding under subsection (a) for action by the President pursuant to subsection (c) if the Secretary, in the sole and unreviewable discretion of the Secretary, determines that such referral would be in the interest of national security. (3) Administrative procedure requirements inapplicable Subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ) shall not apply to any referral by the Secretary to the President of a covered holding. (c) Action by the President (1) In general Subject to section 13, with respect to any covered holding referred to the President under subsection (a), if the President determines that the covered holding poses an undue or unacceptable risk to the national security of the United States or the security and safety of United States persons, the President may take such action as the President considers appropriate to compel divestment of, or otherwise mitigate the risk associated with, such covered holding to the full extent the covered holding is subject to the jurisdiction of the United States, with respect to— (A) the United States operations, assets, or property of the entity in which the covered holding is held, or of any products or services owned, controlled, designed, developed, manufactured, or supplied by the entity are used in the United States; (B) any tangible or intangible assets, wherever located, are used to support or enable use of the product or software of the entity in the United States