378 
ance, opinion, ruling, standard, order, adjudicative 
decision, or other interpretation from the protection 
provided to the worker through a prior regulation, 
guidance, opinion, ruling, standard, order, adjudica-
tive decision, or other interpretation in effect on the 
day before the date of such action, unless such re-
duction is explicitly and specifically mandated by an 
Act of Congress. 
‘‘(2) REQUEST FOR CONGRESSIONAL ACTION.— 
The Secretary may submit a proposal to Congress 
for 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.—Notwith-
standing 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 under this Act, in-
cluding a regulation under this Act, to a migrant ag-
ricultural worker or seasonal agricultural worker un-
less such regulation, guidance, opinion, ruling, 
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pamtmann on DSKBC07HB2PROD with BILLS
379 
standard, order, adjudicative decision, or other inter-
pretation is plainly erroneous or inconsistent with 
this Act, including a regulation under this Act.’’. 
(f) DAVIS-BACON ACT.— 
(1) IN
GENERAL.—Subchapter IV of chapter 
31, United States Code, is amended by adding at 
the end the following: 
‘‘SEC. 3149. GENERAL STANDARDS FOR APPLYING AND IN-
TERPRETING WORKERS’ RIGHTS. 
‘‘(a) INTERPRETATION OF PROTECTIONS AND EX-
EMPTIONS.— 
‘‘(1) PROTECTIONS.—All protections afforded 
under this subchapter to laborers and mechanics 
who are employees performing labor under a con-
tract or subcontract to which this subchapter applies 
shall be interpreted expansively in favor of such la-
borer or mechanic or individual claiming classifica-
tion as such a laborer or mechanic. 
‘‘(2) EXEMPTIONS AND EXCLUSIONS.— 
‘‘(A) IN
GENERAL.—All exemptions and 
exclusions under this subchapter shall be inter-
preted narrowly against a contractor or subcon-
tractor of a contract to which this subchapter 
applies, or person alleged to be such a con-
tractor or subcontractor, and limited in applica-
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pamtmann on DSKBC07HB2PROD with BILLS
380 
tion to those persons or circumstances plainly 
and unmistakably within the language and spir-
it of the exemption or exclusion. 
‘‘(B) 
CLEAR
AND
CONVINCING
EVI-
DENCE.—Any person asserting the applicability 
of an exemption or exclusion under this sub-
chapter shall prove such applicability by clear 
and convincing evidence. 
‘‘(b) NO-LESS-PROTECTION RULE.— 
‘‘(1) IN
GENERAL.—The Secretary shall not 
take any action to reduce a protection afforded 
under this subchapter to a laborer or mechanic who 
is an employee performing labor under a contract or 
subcontract to which this subchapter applies through 
any regulation, guidance, opinion, ruling, standard, 
order, adjudicative decision, or other interpretation 
from the protection provided to such laborer or me-
chanic through a prior regulation, guidance, opinion, 
ruling, standard, order, adjudicative decision, or 
other interpretation in effect on the day before the 
date of such action, unless such reduction is explic-
itly and specifically mandated by an Act of Con-
gress. 
‘‘(2) REQUEST FOR CONGRESSIONAL ACTION.— 
The Secretary may submit a proposal to Congress 
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pamtmann on DSKBC07HB2PROD with BILLS
381 
for 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.—Notwith-
standing 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 under this sub-
chapter to a laborer or mechanic who is an employee 
performing labor under a contract or subcontract to 
which this subchapter applies unless such regulation, 
guidance, opinion, ruling, standard, order, adjudica-
tive decision, or other interpretation is plainly erro-
neous or inconsistent with this subchapter.’’. 
(2) TABLE OF SECTIONS.—The table of sections 
for subchapter IV of chapter 31 of title 40, United 
States Code, is amended by adding at the end the 
following: 
Sec. 3149. General standards for applying and interpreting workers’ rights. 
(g) MCNAMARA-O’HARA SERVICE CONTRACT ACT.— 
Section 6709 of title 41, United States Code, as amended 
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pamtmann on DSKBC07HB2PROD with BILLS
382 
by section 202(b)(7)(A), is further amended by adding at 
the end the following: 
‘‘(g) GENERAL STANDARDS FOR APPLYING AND IN-
TERPRETING WORKERS’ RIGHTS.— 
‘‘(1) INTERPRETATION OF PROTECTIONS AND 
EXEMPTIONS.— 
‘‘(A) PROTECTIONS.—All protections af-
forded service employees under this chapter 
shall be interpreted expansively in favor of the 
service employee or individual claiming classi-
fication as a service employee. 
‘‘(B) EXEMPTIONS AND EXCLUSIONS.— 
‘‘(i) IN
GENERAL.—All exemptions 
and exclusions under this chapter shall be 
interpreted narrowly against the contractor 
or subcontractor to which this chapter ap-
plies, or person alleged to be such a con-
tractor or subcontractor, and limited in ap-
plication to those persons or circumstances 
plainly and unmistakably within the lan-
guage and spirit of the exemption or exclu-
sion. 
‘‘(ii) CLEAR
AND
CONVINCING
EVI-
DENCE.—Any person asserting the applica-
bility of an exemption or exclusion under 
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