FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

JUSTIFICATION OF

APPROPRIATION ESTIMATES

FOR

CONGRESSIONAL APPROPRIATIONS

FISCAL YEAR 2018

MAY 23, 2017
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

Table of Contents

Fiscal Year 2018 Budget Request and Annual Performance Plan

Executive Summary ........................................................................................................ 1

Mission ........................................................................................................................... 3

Functions and Procedures ............................................................................................. 3

Strategic Goals ............................................................................................................... 4

Organization Chart .......................................................................................................... 5

Commission Members .................................................................................................... 6

Appropriation Language.................................................................................................. 7

Authorizing Legislation .................................................................................................... 7

Justification by Function 

 General Statement .............................................................................................. 8

Activities

 Administrative Law Judge Function.......................................................... 9

 Commission Review Function ................................................................ 14

 Office of the Executive Director Function ............................................... 20

Tables

 Budget Authority by Object Class ...................................................................... 23

 Personnel Summary........................................................................................... 24

 Amounts Available for Obligation ...................................................................... 25

 Summary of Changes by Budget Authority ....................................................... 25

 Appropriations and Staffing History Table ......................................................... 26
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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EXECUTIVE SUMMARY

The Federal Mine Safety and Health Review Commission (Commission) is an 

independent adjudicatory agency that provides administrative trial and appellate review 

of legal disputes arising under the Federal Mine Safety and Health Act of 1977 (Mine 

Act), as amended. Section 113 of the Mine Act establishes the Commission and sets 

forth its responsibilities. The Mine Improvement and New Emergency Response Act of 

2006, P.L. 109-236 (MINER Act) added an additional responsibility to the Commission, 

resolving disputes between the Secretary of Labor and underground coal operators with 

respect to the contents of emergency response plans or the Secretary’s refusal to 

approve such plans.

The Commission is requesting a budget level of $17,053,000 for FY 2018 to support the 

full-time equivalent (FTE) of 76 staff members. This Budget Level is level with the 2017 

annualized Continuing Resolution amount. 

Most cases that come before the Commission involve civil penalties proposed by the 

Department of Labor’s Mine Safety and Health Administration (MSHA) against mine 

operators. The Commission is responsible for addressing whether the alleged 

violations occurred, as well as the assessment of appropriate civil penalties. Other 

types of cases include contests of MSHA orders to close a mine for health or safety 

reasons, miners’ charges of discrimination based on their complaints regarding health 

or safety, and miners’ requests for compensation after being idled by a mine closure 

order. Disputes involving the temporary reinstatement of a miner or an emergency 

response plan must be decided on an expedited basis. 

The Commission’s Administrative Law Judges (judges) decide cases at the trial level. 

The five-member Commission provides administrative appellate review. Review of a 

judge’s decision by the Commission is not automatic, and requires the approval of at 

least two Commissioners. Most of the cases accepted for review are generated from 

petitions filed by parties adversely affected by a judge’s decision. In addition, the 

Commission, on its own initiative, may decide to review a case. A judge’s decision that 

is not accepted for review becomes a final, non-precedential order of the Commission. 

Appeals from the Commission’s decisions are to the federal courts of appeals.

Cases at the trial level are handled by the Commission’s Office of Administrative Law 

Judges (OALJ). From FY 2000 through FY 2005, the average number of cases filed 

was 2,307 per year. Starting in FY 2006, the number of new cases filed in a given year

increased steadily to a peak of 11,100 in FY 2010, and although decreased it remains at 

high levels. It is expected that the OALJ will receive 4,051 new cases for review in FY 

2018.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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“The Commission’s Review function (the five-member Commission) is expected to 

receive 103 new cases, including 33 substantive cases and 70 default cases.” The 

Commission projects 18 undecided substantive appellate level cases at the start of FY 

2018. During FY 2018, 33 new cases are anticipated to be filed, and 33 cases are 

anticipated to be disposed. Thus, the case inventory at the end of the year is estimated 

to be 18.

Resolving substantive cases creates a great demand on the resources of the fivemember Commission and the Office of General Counsel (OGC). Typically, in these

substantive cases, the Commissioners, with the assistance of the OGC, review and 

analyze extensive briefs filed by the parties, sometimes conduct an oral argument, and 

issue a decision which addresses the major contentions raised by the parties.

In addition to petitions for review in substantive cases, the Commission at the appellate 

level considers requests to reopen cases in which a mine operator is in default for failing

to timely respond to the Secretary’s proposed penalty or to a judge’s order. These 

cases are generically referred to as default cases. The number of these requests for 

reopening filed each year has remained at historically high levels. 

The Commission’s overall management priority continues to be the expeditious, fair, 

and legally sound adjudication of cases at the trial and appellate levels.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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MISSION

The Federal Mine Safety and Health Review Commission is an independent 

adjudicatory agency charged with resolving disputes arising from the enforcement of 

safety and health standards in the nation’s mines. Under its authorizing statute, the 

Mine Act, the Commission does not regulate the mining industry, nor does it enforce the 

Mine Act; those functions are delegated to the Secretary of Labor acting through MSHA. 

The Commission’s mission is to provide just, speedy, and legally sound adjudication of 

proceedings authorized under the Mine Act, thereby enhancing compliance with the Act 

and contributing to the improved health and safety of the nation’s miners.

The scope of the Commission’s mission was expanded by the passage of the MINER 

Act in 2006. That statute amended the Mine Act and vested the Commission with the 

responsibility for resolving disputes over the contents of mine emergency plans adopted 

by underground coal mine operators and submitted to MSHA for review and approval. 

The MINER Act imposed tight deadlines on the Commission and its judges with respect 

to these proceedings and the Commission has adopted procedural rules to implement 

those deadlines.

FUNCTIONS AND PROCEDURES

The Commission carries out its responsibilities through trial-level adjudication by judges 

and appellate review of judges’ decisions by a five-member Commission appointed by 

the President and confirmed by the Senate. Most cases involve civil penalties assessed 

against mine operators by MSHA, and address whether or not the alleged safety and 

health violations occurred and if so, the degree of gravity and negligence involved. 

Other types of cases involve mine operators’ contests of mine closure orders, miners’ 

complaints of safety or health related discrimination, miners’ applications for 

compensation after a mine is idled by a closure order, and review of disputes between 

MSHA and underground coal mine operators relating to those operators’ mine 

emergency plans.

Once a case is filed with the Commission, it is referred to the Chief Administrative Law 

Judge (Chief Judge). Thereafter, litigants in the case must submit additional filings 

before the case is assigned to a judge. To expedite the decisional process, the Chief 

Judge may rule on certain motions and, where appropriate, issue orders of settlement, 

dismissal, or default. Otherwise, once a case is assigned to an individual judge, that 

judge is responsible for the case and rules upon motions and settlement proposals. If a 

hearing is necessary, the judge schedules and presides over the hearing, and issues a 

decision based upon the record. A judge’s decision becomes a final, non-precedential 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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order of the Commission unless it is accepted for review by the five-member

Commission.

The Commission also provides administrative appellate review. It may, in its discretion, 

review decisions issued by judges when requested by a litigant, or it may, on its own 

initiative, direct cases for review. The Commission’s decisions are precedential, and 

appeals from the Commission’s decisions are heard in the federal courts of appeals.

The Office of the Executive Director supports the above functions by providing budget 

and financial management, and administrative and technical services, including human 

resources and information technology, procurement and contracting, and facilities 

management.

STRATEGIC GOALS

The Commission has two strategic goals:

Strategic Goal 1: Ensure expeditious, fair, and legally sound adjudication of 

cases

Strategic Goal 2: Manage the Commission’s human resources, operations, 

facilities, and information technology systems to ensure a 

continually improving, effective, and efficient organization
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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KEY PERSONNEL

ORGANIZATION CHART
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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COMMISSION MEMBERS

NAME TERM EXPIRATION

William I. Althen, Acting Chairman August 30, 2018

Robert F. Cohen Jr. August 30, 2018

Michael G. Young August 30, 2020

Mary Lu Jordan August 30, 2020

Vacant

APPOINTMENT EXPIRED

Patrick K. Nakamura August 30, 2016
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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APPROPRIATION LANGUAGE

SALARIES AND EXPENSES

For necessary expenses of the Federal Mine Safety and Health Review Commission

[$17,053,000] $17,053,000. (Departments of Labor, Health and Human Services, and 

Education, and Related Agencies Appropriations Act, 2017.)

Note: A full-year 2017 appropriation for this account was not enacted at the time the budget was 

prepared; therefore, the budget assumes this account is operating under the Further Continuing 

Appropriations Act, 2017 (P.L. 114–254). The amounts included for 2017 reflect the annualized 

level provided by the continuing resolution, “FY2017 CR.”

Authorizing Legislation

Authorizing Legislation Containing Indefinite Authority 

Federal Mine Safety and Health Act of 1977, as amended (30 U.S.C. § 801 

et seq.) 

Dollars in thousands

FY 2016

Enacted

FY 2017

CR

FY 2018

Request

Budget Authority $17,085 $17,053 $17,053

FTE 79 79 76
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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JUSTIFICATION BY FUNCTION

GENERAL STATEMENT

The Commission was established as an independent agency by section 113(a) of the 

Federal Mine Safety and Health Act of 1977. The Commission fulfills its mission 

through three functions. 

The Office of the Administrative Law Judges (OALJ) function provides trial-level 

adjudication by judges. At the trial level, the Commission’s judges hear and decide 

cases initiated by the Secretary of Labor, mine operators, miners, and miners’ 

representatives.

The Commission Review function is carried out by the five-member Commission, its 

staff, and the Office of the General Counsel (OGC). The Commission hears appeals of 

judges’ decisions by granting a petition for discretionary review from one or more of the 

parties or by directing review on its own motion. In addition, at the appellate level, the 

Commission considers motions to reopen cases where an operator has failed to timely 

contest a proposed penalty or to timely respond to the Secretary of Labor’s penalty 

petition.

The Office of the Executive Director (OED) function supports both the trial-level and 

appellate functions by providing budget management, administrative and technical 

services.

In FY 2018, the Commission is requesting $17,053,000 and 76 FTE. 

Dollars in thousands

Function FTE

Budget 

Authority FTE

Budget 

Authority FTE

Budget 

Authority

Administrative Law Judge 48 $9,880 48 $9,861 43 $9,446

Commission Review 25 $5,912 25 $5,901 25 $6,105

Office of Executive Director 6 $1,293 6 $1,291 8 $1,502

Total 79 $17,085 79 $17,053 76 $17,053

Summary by Function

FY 2016

Enacted

FY 2017

CR

FY 2018

Request
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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ADMINISTRATIVE LAW JUDGE FUNCTION

Administrative Law Judge Function

Dollars in thousands

FY 2016

Enacted

FY 2017

CR

FY 2018

Request

Budget Authority $9,880 $9,681 $9,446

FTE 48 48 43

Introduction

The Commission employs administrative law judges to hear and decide contested 

cases at the trial level. The judges travel to hearing sites located at or near the mine 

involved in order to afford mine operators, miners and their representatives a full 

opportunity to participate in the hearing process. Commission judges are also 

responsible for evaluating and approving or denying settlement agreements proposed 

by the parties under the Mine Act.

The Commission’s FY 2018 budget includes the following strategic objective for the 

Administrative Law Judge function: 

• Ensure timely issuance of decisions at the trial level. 

FY 2018

The Commission’s FY 2018 budget request includes 43 FTEs and $9,446,000 for OALJ.

The FY 2018 request includes law clerks and legal assistants to support the judges, and 

a number of docket clerks to maintain case files and process and record documents 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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filed with the Commission. The Commission has established a pendency goal for trial 

level cases of 300 days for FY 2018. Pendency is the average time between receipt of 

a case and case disposition. 

The Commission estimates that 3,058 trial level cases will be pending at the beginning 

of FY 2018. New case filings are expected to remain steady from the FY 2017 level. As 

such, the Commission anticipates that it will receive 4,051 new cases during FY 2018, 

and will dispose of 4,051 cases during the same period. 

FY 2017

The Commission received a budget of $9,861,000 and 48 FTE for OALJ activities in FY 

2017. 

There were 3,058 trial level cases pending at the beginning of FY 2017. New case 

filings are expected to remain steady from the FY 2016 level. As such, the Commission 

anticipates that it will receive 4,051 new cases during FY 2017, and will dispose of 4,051

cases during the same period. 

FY 2016

The Commission received a budget of $9,880,000 and 48 FTE for OALJ activities in FY 

2016. 

The Commission began FY 2016 with an inventory of 4,682 undecided cases, and 

4,051 new cases were received for the year. 

The Commission disposed of 5,675 cases in FY 2016. The Commission reached a 

pendency of 348 days in FY 2016. This resulted in a FY 2016 end-of-year inventory of 

3,058 undecided cases. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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FY 2016 

Actual

FY 2017 

Estimate

FY 2018

Estimate

Cases pending beginning of year 4,682 3,058 3,058

Assessment of civil penalty 3,384 2,492 2,492

Notice of contest 1,215 491 491

Discrimination proceeding 72 65 65

Compensation proceeding 9 9 9

Other 2 1 1

New cases received 4,051 4,051 4,051

Assessment of civil penalty 3,647 3,647 3,647

Notice of contest 309 309 309

Discrimination proceeding 69 69 69

Compensation proceeding 23 23 23

Other 3 3 3

Total case workload 8,733 7,109 7,109

Assessment of civil penalty 7,031 6,139 6,139

Notice of contest 1,524 800 800

Discrimination proceeding 141 134 134

Compensation proceeding 32 32 32

Other 5 4 4

Cases disposed 5,675 4,051 4,051

Assessment of civil penalty 4,539 3,647 3,647

Notice of contest 1,033 309 309

Discrimination proceeding 76 69 69

Compensation proceeding 23 23 23

Other 4 3 3

Cases pending end of year 3,058 3,058 3,058

Assessment of civil penalty 2,492 2,492 2,492

Notice of contest 491 491 491

Discrimination proceeding 65 65 65

Compensation proceeding 9 9 9

Other 1 1 1

Administrative Law Judge Function - Caseload Data
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Administrative Law Judge Function – Case Workload
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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FY 2017 FY 2018

Performance Goal Target Results Target Target

1.1.1 Average time from receipt to 

disposition of all cases 300 days 348 days 300 days 300 days

1.1.2 Average time from receipt to 

disposition of penalty cases 330 days 309 days 300 days 300 days

1.1.3 Percent of all cases on hand 

over 365 days in age 20% 21% 20% 20%

Number of cases pending at year end 4,200 3,058 3,058 3,058

Performance Metrics - Administrative Law Judge Function

FY 2016

Strategic Objective 1.1 Ensure timely issuance of decisions at the trial level
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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COMMISSION REVIEW FUNCTION

Commission Review Function

Dollars in thousands

FY 2016

Enacted

FY 2017

CR

FY 2018

Request

Budget Authority $5,912 $5,901 $6,105

FTE 25 25 25

Introduction

The Commission Review function incorporates the responsibilities of the 

Commissioners and the Office of the General Counsel in the appellate review function.

The five-member Commission decides two principal types of cases: 

(1) substantive cases, which are cases in which a judge has issued a final or 

interlocutory decision on the merits and the Commission has granted a 

petition for review filed by either party, or at least two Commissioners have 

decided to grant review on their own initiative. 

(2) default cases, which are cases where an operator has failed to timely 

contest a proposed penalty or to timely respond to a judge’s order and the 

operator has filed a motion to reopen the final order.

The general authority for the review of judges’ decisions is set forth in section 113(d)(1) 

of the Mine Act. The Act states that a judge’s decision shall become final 40 days after 

its issuance, unless within that period any two Commissioners direct that the decision 

be reviewed. Most substantive cases come before the Commission when two or more 

Commissioners vote to grant a petition for discretionary review filed by a party adversely 

affected or aggrieved by the judge’s decision. The Commission may also consider a 

judge’s interlocutory ruling under certain circumstances.

Two or more Commissioners may also direct any judge’s final decision for review sua 

sponte (on the Commission’s own motion, without the parties filing a petition). Sua 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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sponte review is limited to judges’ decisions that are contrary to law or Commission 

policy, or that present a novel question of policy. 

By law, a quorum of three Commissioners is required to decide substantive cases. 

Many of the Commission’s cases present issues of first impression under the Mine Act. 

That is, the cases raise issues that have not been resolved by prior decisions of the 

Commission or the courts. Many cases involve the interpretation of safety and health 

standards and regulations promulgated by MSHA. 

The Office of General Counsel (OGC) is responsible for conducting the initial research 

in substantive cases and preparing draft opinions for Commission members. 

OGC plays an important role in handling substantive cases that have been accepted for

review by the Commissioners. The OGC attorneys also perform other duties, such as 

responding to FOIA requests, ethics counseling and training, and review of financial 

disclosure forms. Those duties have substantially increased with the size of the 

Commission’s staff. In addition, OGC is primarily responsible for formulating and 

drafting the Commission’s rulemaking initiatives, such as those involving more efficient 

settlement procedures and simplified proceedings for litigating certain categories of 

cases.

The Commission has established the following strategic objective for the Commission 

review function. 

• Ensure timely issuance of decisions at the appellate level. 

FY 2018

The Commission is requesting a budget of $6,105,000 and 25 FTE for its appellate 

review activities in FY 2018. 

The appellate caseload includes several types of cases, including those where by law 

the Commission must issue rulings very quickly. For example, the Commission hears

appeals of temporary reinstatement cases; these are discrimination cases, and 

pursuant to the Commission’s procedural rules, appeals of these types of decisions 

must be adjudicated within an extremely short timeframe. The Commissioners’ 

workload also includes deciding whether to accept petitions for discretionary review, 

which by statute must generally be granted or denied within approximately ten days. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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In FY 2018, it is expected that 120 substantive and default cases will be pending before 

the Commission at the beginning of the year, and an estimated 103 new cases will be 

filed during the year. Approximately 131 dispositions are expected, of which an 

estimated 33 will be substantive cases and 98 will be default cases. Thus, it is 

anticipated that the Commission’s appellate docket will contain 92 undecided cases at 

the end of FY 2018. The legal proceedings involved in disposing of substantive cases is 

expected to average twelve months. Therefore, the cases disposed of during one year 

include both cases that were received in a previous year but not disposed of that year 

(cases pending end of year), and new cases received during the current year. The 

Commission will continue to work expeditiously to achieve the goals for case backlog 

and pendency.

FY 2017

The Commission received a budget of $5,901,000 and 25 FTE for its appellate review 

activities in FY 2017. 

In FY 2017, there were 148 cases before the Commission at the beginning of the year, 

and an estimated 103 new cases will be filed during the year. Approximately 131

dispositions are expected, of which an estimated 33 will be substantive cases and 98

will be default cases. Thus, it is anticipated that the Commission’s appellate docket will 

contain 120 undecided cases at the end of FY 2017.

FY 2016

The Commission received $5,912,000 and 25 FTE for FY 2016. 

This funding included funding for an additional 3 FTEs to provide a full-time Counsel for 

each of the five Commissioners in order to reduce the pendency of the substantive case 

load on appeal before the five Commissioners.

In FY 2016, the Commission began the year with an inventory of 162 undecided cases, 

and 202 new cases were received for the year. There were 220 case dispositions, 

consisting of 54 substantive cases and 166 default cases. The Commission’s appellate

docket contained 148 undecided cases at the end of FY 2016.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Commission Review Function – Case Workload

Substantive Cases
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Commission Review Function - Caseload Data

FY 2016 

Actual

FY 2017

Estimate

FY 2018

Estimate

Cases pending beginning of year 162 148 120

Substantive cases 39 18 18

Default cases 127 130 102

New cases received 202 103 103

Substantive cases 33 33 33

Default cases 169 70 70

Total case workload 364 251 223

Substantive cases 72 51 51

Default cases 296 200 172

Cases disposed 220 131 131

Substantive cases 54 33 33

Default cases 166 98 98

Cases pending end of year 148 120 92

Substantive cases 18 18 18

Default cases 130 102 74
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Goal 1.2.1 measures the average time period from the date that review is granted to the date of 

issuance of a decision

FY 2017 FY 2018

Performance Goal Target Results Target Target

1.2.1 Average time to issuance of 

decision 31 months 22 months 12 months 12 months

1.2.2 Average time from briefing 

completion to issuance of decision 27 months 19 months 9 months 9 months

1.2.3 Percent of cases on hand over 

18 months in age 40% 11% 30% 30%

Number of cases pending at year end 19 18 18 18

1.3.1 Percent of default cases on 

hand over 6 months in age 12% 57% 30% 30%

Strategic Objective 1.2 Ensure timely issuance of decisions for substantive appellate cases

Strategic Objective 1.3 Issue orders in default cases in a timely manner

Performance Metrics - Commission Review Function

FY 2016
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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OFFICE OF THE EXECUTIVE DIRECTOR FUNCTION

Office of the Executive Director Function

Dollars in thousands

FY 2016

Enacted

FY 2017

CR

FY 2018

Request

Budget Authority $1,293 $1,291 $1,502

FTE 6 6 8

Introduction

The Office of the Executive Director (OED) provides administrative services to support 

the Commission in fulfilling its mission and strategic goals. The primary functions are 

financial management, human resources, procurement and contracting, information 

technology, facilities management, and general administrative service support. 

The financial management services function includes the areas of budget and 

accounting, such as budget formulation, budget execution, funds control, financial 

reporting, and vendor payments.

Human resources covers the areas of recruitment and placement, classification and pay 

administration, performance management and incentive awards, employee benefits and 

retirement, personnel security, coordination of employee training programs, and 

wellness and employee assistance programs. 

Procurement and contracting covers specific matters such as maintaining a simplified 

acquisition program for supplies and services, contract implementation and oversight, 

and coordination of services and supplies.

Information technology entails help desk functions, network administration, policy 

formulation, and telecommunications.

Facilities management covers property and space management, organization 

management, and physical security.

Other general administrative services provided by OED include the administration of 

employee travel authorizations and reimbursements, and the Metro subsidy program.

 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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The Commission has established the following strategic objectives for the Commission 

review function. 

• Maintain and enhance secure electronic information systems for case 

management, legal research, management operations support, public access to 

data through the internet, and continuity of the Commission’s operations during 

national emergencies or natural disasters which may disrupt normal office 

operations

• Recruit, train, and retain a diverse workforce of skilled, highly motivated 

employees to effectively and efficiently accomplish the Commission’s mission 

FY 2018

The Commission is requesting an FY 2018 budget of $1,502,000 and 8 FTE. 

FY 2017

The Commission received an FY 2017 budget of $1,291,000 and 6 FTE. 

FY 2016

The Commission received $1,293,000 and 6 FTE for FY 2016. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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TABLES
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Budget Authority by Object Class

Dollars in thousands

FY 2016 

Enacted

FY2017

CR

FY 2018 

Request

Personnel Compensation 8,594 8,758 8,521

Other than Full-Time 

Permanent

0 0 0

Total, Personnel 

Compensation 8,594 8,758 8,521

Personnel Benefits, Civilian 2,247 2,300 2,203

Benefits to Former 

Employees 12 5 5

Travel and Transportation 

of Persons 249 166 134

Transportation of Things 35 10 10

Rental Payments to GSA 1,917 1,948 1,966

Communications, Utilities, 

and Misc. 556 494 494

Printing and Reproduction 25 12 12

Other Services 3,040 3,036 3,299

Supplies and Materials 178 200 200

Equipment 232 124 209

Total 17,085 17,053 17,053

FY 2018 Budget Request by Object Class
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Personnel Summary

Average Salaries

2016 2017 2018

Actual Estimate Estimate

Executive Level III 1 1 1

Executive Level IV 4 4 4

Executive Schedule 5 5 5

ES 2 2 2

Senior Executive Service 2 2 2

AL-1 1 1 1

AL-3 14 14 11

Administrative Law Judges 15 15 12

GS-15 5 6 6

GS-14 4 5 5

GS-13 7 8 8

GS-12 8 10 16

GS-11 18 17 3

GS-9 2 2 3

GS-8 13 9 15

GS-7 0 0 0

GS-6 0 0 1

GS-5 0 0 0

General Schedule 57 57 57

Total Permanent Full-time Positions 79 79 76

FY 2016

Enacted

FY 2017

CR

FY 2018

Request

Average EX Salary $158,767 $157,950 $157,460 

Average ES Salary $170,530 $174,815 $176,523 

Average AL Salary $166,412 $171,675 $173,069 

Average GS Salary $83,233 $83,233 $79,709 
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Amounts Available for Obligation

(in millions)

FY 2016

Enacted

FY 2017

CR

FY 2018

Request

FTE Amount FTE Amount FTE Amount

Appropriation, total

estimated obligations 79 $17.085 79 $17.053 76 $17.053

Summary of Changes by Budget Authority

(in millions)

Budget Authority FY 2016

Enacted

FY 2017

CR

FY 2018

Request

Net Change 

(FY 2017 to FY 2018)

Appropriations $17.085 $17.053 $17.053 $0.00

Full-time Equivalent 79 79 76 - 3
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Appropriations and FTE History

Fiscal Year Budget Estimate

to Congress

House 

Allowance

Senate 

Allowance Appropriation FTE1

2009 8,653,000 8,653,000 8,653,000 8,653,000 50

2010 9,857,567 9,857,567 10,358,000 10,358,0002 63

Supplemental 3,800,000 3,800,000 3,800,0003 174

2011 13,105,000 13,905,000 15,755,000 10,337,0005 63

2012 22,417,000 – 17,637,000 17,604,0006 72

2013 16,000,000 -- -- 16,683,00014 74

2014 16,423,000 -- -- 16,423,000 76

2015 17,601,000 -- -- 16,751,000 76

2016 17,085,000 -- -- 17,085,000 79

2017 17,085,000 -- -- 17,053,00015 79(e)

2018 17,053,000 76

(e) = estimated

 1 FTE for FY 2013 and before represent the FTE ceiling given budget authority, not the actual FTE. 2 Reflects Senate approved mark-up of $500,000 pursuant to P.L. 111-117.

3 Reflects supplemental funding of $3,800,000 pursuant to P.L. 111-212.

4 Temporary FTE provided July 29, 2010—July 28, 2011 though FY 2010 supplemental appropriation. 

The Commission carried this staff over for the last two months of FY 2011, using FY 2011 funding.

5 Reflects reduction of $21,000 pursuant to Sec. 1119(a) of the Department of Defense and Full-Year 

Continuing Appropriations Act, 2013, P.L. 112-10. 6 Reflects reduction of $33,334 pursuant to Section 527(a) of the Consolidated Appropriations Act, 2013, 

P.L. 112-74.

14 Reflects the 2013 Continuing Resolution level. 15 Reflects the 2017 Continuing Resolution level.