On the recordDecember 13, 2001
The President, under this law, can only act after an agency action has become final and the President is directed to take into account the public record because the agency action could not be taken under the APA without a public record. That is why we specify it must take into account the public record, the one that was developed in the issuance of the regulation which is subject to the President's discretionary review.
Source
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