ment Act cases. Two judges filed qualified concurring opinions. Id., at 400 (Nichols, J.), 405 (Nies, J.). Four others dissented, arguing, inter alia, that the legislative history of the 1980 amendment demonstrates Congress' awareness of the previous judicial construction of § 8347(c) and its intention to preserve judicial review to the extent previously recognized. Id., at 405 (Davis, J., joined by Friedman, Kashiwa, and Smith, JJ.), 407 (Smith, J., joined by Friedman, Davis, and Kashiwa, JJ.)."

We granted certiorari. 467 U. S. 1251 (1984). We

reverse.

II

We have often noted that "only upon a showing of 'clear and convincing evidence' of a contrary legislative intent should the courts restrict access to judicial review." Abbott Laboratories v. Gardner, 387 U. S. 136, 141 (1967). See also Dunlop v. Bachowski, 421 U. S. 560, 568 (1975). The Court previously has applied just such a presumption in Retirement Act cases, albeit prior to the enactment of § 8347(c). See Dismuke v. United States, 297 U. S., at 172 (judicial review presumed available “in the absence of compelling [statutory] language" to the contrary). Of course, the "clear and convincing evidence" standard has never turned on a talismanic

"Prior to the FCIA's vesting of review over MSPB decisions in the Federal Circuit, the regional Courts of Appeals had divided over the effect of the 1980 amendment on the proper construction of § 8347(c). Some had held that the amended § 8347 continues only to bar factual scrutiny of disability determinations while permitting review for legal and procedural errors. See, e. g., Pitzak v. OPM, 710 F. 2d 1476, 1478-1479 (CA10 1983); Turner v. OPM, 228 U. S. App. D. C. 94, 97-99, 707 F. 2d 1499, 1502-1504 (1983); McCard v. MSPB, 702 F. 2d 978, 980-983 (CA11 1983); Parodi v. MSPB, 702 F. 2d 743, 745-748 (CA9 1982). Others had held that it altogether bars review. See, e. g., Chase v. Director, OPM, 695 F. 2d 790, 791 (CA4 1982); Campbell v. OPM, 694 F. 2d 305, 307-308 (CA3 1982); Morgan v. OPM, 675 F. 2d 196, 198–201 (CA8 1982). But see Lancellotti v. OPM, 704 F. 2d 91, 96-98 (CA3 1983) (reading § 8347(c) to permit review for alleged legal error, and grounding jurisdiction on 28 U. S. C. § 2342(6) (1976 ed., Supp. V)).

test. Block v. Community Nutrition Institute, 467 U. S. 340, 345-346 (1984). Rather, the question whether a statute precludes judicial review "is determined not only from its express language, but also from the structure of the statutory scheme, its objectives, its legislative history, and the nature of the administrative action involved." Id., at 345.

The Federal Circuit reasoned that $8347(c), except as qualified by § 8347(d)(2), plainly precludes any judicial review of OPM decisions in voluntary disability retirement cases: "[i]t is difficult to conceive of a more clear-cut statement of congressional intent to preclude review than one in which the concept of finality is thrice repeated in a single sentence." 718 F. 2d, at 393. We do not share the Federal Circuit's certainty with respect to the plain import of the statutory language. To begin with, while § 8347(c) plausibly can be read as imposing an absolute bar to judicial review, it also quite naturally can be read as precluding review only of OPM's factual determinations about "questions of disability and dependency." Under this reading of §8347(c)'s language, the factual "question" whether an applicant is disabled is quite distinct from questions of what laws and procedures the OPM must apply in administering the Retirement Act. 12 In addition, the application of § 8347(c) as completely preclusive is problematic when a disability applicant, as here, challenges not only OPM's determinations but also the standards and procedures used by the MSPB in reviewing those determinations. Section 8347(c) speaks of the preclusive effect of OPM determinations, but says nothing one way or the other about the finality of MSPB judgments. Finally, our hesitation regarding the "plain meaning" of § 8347(c) is compounded by the fact that, when Congress intends to bar

12 This reading is reinforced by the third sentence of § 8347(c), which provides that the OPM may take appropriate steps "to determine the facts concerning disability or dependency of an individual." The juxtaposition of the finality language with the language concerning OPM's determinations of "the facts" of disability arguably suggests that the finality language does not extend to procedural or legal questions.

judicial review altogether, it typically employs language far more unambiguous and comprehensive than that set forth in §8347.13 Congress' failure to use similar language in § 8347(c) therefore reinforces the possibility that the finality bar may extend only to OPM's factual determinations "with respect to" disability and dependency questions.

Until Congress' 1980 amendment of § 8347, this was precisely the interpretation adopted by courts in reviewing disability retirement decisions by the OPM and its predecessor, the Civil Service Commission. Under the "Scroggins" standard, so-called after Scroggins v. United States, 184 Ct. Cl. 530, 397 F. 2d 295, cert. denied, 393 U. S. 952 (1968), courts acknowledged that § 8347(c) imposes "a special and unusual restriction on judicial examination, and under it courts are not as free to review Commission retirement decisions as they would be if the 'finality' clause were not there." 184 Ct. Cl., at 533-534, 397 F. 2d, at 297. Accordingly, courts emphasized that they could not weigh the evidence or even apply the traditional substantial-evidence standard for reviewing disability determinations. Id., at 534, 397 F. 2d, at 297. Courts also held, however, that § 8347(c)'s finality language did not prevent them from reviewing Commission decisions to determine whether there had been ""a substantial departure from important procedural rights, a misconstruc

13 See, e. g., 5 U. S. C. § 8128(b) (compensation for work injuries) (“The action of the Secretary [of Labor] or his designee in allowing or denying a payment under this subchapter is-(1) final and conclusive for all purposes and with respect to all questions of law and fact; and (2) not subject to review by another official of the United States or by a court by mandamus or otherwise"). See also 38 U. S. C. § 211(a) (veterans' benefits) (“[T]he decisions of the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans and their dependents or survivors shall be final and conclusive and no other official or any court of the United States shall have power or jurisdiction to review any such decision by an action in the nature of mandamus or otherwise").

tion of the governing legislation, or some like error "going to the heart of the administrative determination."'" Ibid. 14

The Federal Circuit nevertheless believed that Congress' revision of § 8347 in 1980 "provide[s] compelling evidence of its intent to preclude judicial review of MSPB decisions on voluntary disability retirement claims." 718 F. 2d, at 394. Again employing a "plain words" analysis, the court reasoned that the addition of § 8347(d)(2)—providing for MSPB review of involuntary mental disability retirement decisions pursuant to the standards of § 7701 and for judicial review of such decisions pursuant to the standards of § 7703-demonstrates that Congress intended all other types of disability retirement decisions to be unreviewable. "To hold that judicial review of all § 8347(d)(1) decisions had all along been available under $7703, would be to render superfluous Congress' action in § 8347(d)(2), making judicial review available for particular claims under § 7703." Id., at 399.

Again we cannot agree that the meaning of the 1980 amendment is "plain" on its face. The Scroggins standard allows only for review of legal and procedural errors. The 1980 amendment added § 8347(d)(2), which provides special safeguards in cases of involuntary mental disability retirements. That subsection incorporates § 7703, which provides,

14 See also Fitzgerald v. United States, 224 Ct. Cl. 215, 220, 623 F. 2d 696, 699 (1980); Polos v. United States, 223 Ct. Cl. 547, 559–560, n. 9, 621 F. 2d 385, 391, n. 9 (1980); Fancher v. United States, 218 Ct. Cl. 504, 509-510, 588 F. 2d 803, 806 (1978); Allen v. United States, 215 Ct. Cl. 524, 529-530, 571 F. 2d 14, 17-18 (1978), overruled on other grounds, Polos v. United States, supra; McFarland v. United States, 207 Ct. Cl. 38, 46-47, 517 F. 2d 938, 942–943 (1975), cert. denied, 423 U. S. 1049 (1976); Lech v. United States, 187 Ct. Cl. 471, 476, 409 F. 2d 252, 255 (1969); McGlasson v. United States, 184 Ct. Cl. 542, 548–549, 397 F. 2d 303, 307 (1968); Gaines v. United States, 158 Ct. Cl. 497, 502, cert. denied, 371 U. S. 936 (1962); Smith v. Dulles, 99 U. S. App. D. C. 6, 9, 236 F. 2d 739, 742, cert. denied, 352 U. S. 955 (1956); Matricciana v. Hampton, 416 F. Supp. 288, 289 (Md. 1976); Cantrell v. United States, 240 F. Supp. 851, 853 (WDSC 1965), aff'd, 356 F. 2d 915 (CA4 1966).

inter alia, for a substantial-evidence standard of review of the factual bases of OPM's decisions. Given the much more deferential Scroggins standard of review, there would be nothing "superfluous" about an amendment providing for the full measure of judicial review pursuant to § 7703 in one subclass of retirement cases. There is certainly nothing on the face of the 1980 amendment suggesting that Congress intended to discard Scroggins review generally while expanding upon it in a particular category of cases. Absent more compelling indicia of congressional intent-whether from the overall statutory structure or from the legislative historywe thus believe in these circumstances that "[t]he mere fact that some acts are made reviewable should not suffice to support an implication of exclusion as to others."" Abbott Laboratories v. Gardner, 387 U. S., at 141 (citation omitted).

Moreover, the fact that Congress amended § 8347 in 1980 without explicitly repealing the established Scroggins doctrine itself gives rise to a presumption that Congress intended to embody Scroggins in the amended version of § 8347.15 We need not rely on the bare force of this presumption here, however, because the legislative history of the 1980 amendment demonstrates that Congress was indeed well aware of the Scroggins standard, amended § 8347 on its understanding that Scroggins applied to judicial review of

15 "Congress is presumed to be aware of an administrative or judicial interpretation of a statute and to adopt that interpretation when it reenacts a statute without change, see Albemarle Paper Co. v. Moody, 422 U. S. 405, 414 n. 8 (1975); NLRB v. Gullett Gin Co., 340 U. S. 361, 366 (1951); National Lead Co. v. United States, 252 U. S. 140, 147 (1920); 2A C. Sands, Sutherland on Statutory Construction § 49.09 and cases cited (4th ed. 1973). So too, where, as here, Congress adopts a new law incorporating sections of a prior law, Congress normally can be presumed to have had knowledge of the interpretation given to the incorporated law, at least insofar as it affects the new statute." Lorillard v. Pons, 434 U. S. 575, 580-581 (1978). See also Bob Jones University v. United States, 461 U. S. 574, 601-602 (1983); Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Curran, 456 U. S. 353, 381-382 (1982).