To amend title 5, United States Code, to provide that judicial review under the Administrative Procedure Act requires de novo trial of the 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”.