De novo trial of facts when agency action seeks a sanction

Section 706 of title 5, United States Code, is amended— (1) in the matter preceding paragraph (1), by inserting after questions of law the following and questions of fact; and (2) in subparagraph (F), by striking to the extent and all that follows through by the reviewing court and inserting the following:, including the product of any rulemaking or adjudication conducted in accordance with the procedures required under section 553 or section 554.