a reduction described in paragraph (1), but shall not take any action described in such paragraph without an explicit and specific mandate by an Act of Congress. (3) Standard of deference Notwithstanding chapter 7 of title 5, United States Code, in any action for judicial review of an agency action under such chapter, a reviewing court shall defer to a regulation, guidance, opinion, ruling, standard, order, adjudicative decision, or other interpretation issued by the agency that increases or otherwise strengthens a protection afforded to an employee under this Act unless such regulation, guidance, opinion, ruling, standard, order, adjudicative decision, or other interpretation is plainly erroneous or inconsistent with this Act. . (d) Federal Mine Safety and Health Act of 1977 Title I of the Federal Mine Safety and Health Act ( 30 U.S.C. 811 et seq.), as amended by section 202(b)(4), is further amended by adding at the end the following: 119. General standards for applying and interpreting workers' rights (a) Interpretation of protections and exemptions (1) Protections All protections afforded under this Act, including any mandatory health or safety standard, rule, order, or regulation promulgated pursuant to this Act, to employees performing labor in a coal or other mine shall be interpreted expansively in favor of the employee or individual claiming classification as an employee. (2) Exemptions and exclusions (A) In general All exemptions and exclusions under this Act, including any mandatory health or safety standard, rule, order, or regulation promulgated pursuant to this Act, shall be interpreted narrowly against an operator of a coal or other mine employing employees performing labor in the coal or other mine, or person alleged to be such an operator, and limited in application to those persons or circumstances plainly and unmistakably within the language and spirit of the exemption or exclusion. (B) Clear and convincing evidence Any person asserting the applicability of an exemption or exclusion under this