FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

CONGRESSIONAL BUDGET JUSTIFICATION

AND

ANNUAL PERFORMANCE PLAN

FISCAL YEAR 2022

MAY 28, 2021
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

Table of Contents

Fiscal Year 2022 Congressional Budget Justification 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

President’s Priorities........................................................................................................ 8

Justification by Function 

 General Statement ............................................................................................. 9

Activities

 Administrative Law Judge Function........................................................ 10

 Commission Review Function ................................................................ 13

 Office of the Executive Director Function ............................................... 19

Tables

 Budget Authority by Object Class ...................................................................... 22

 Personnel Summary........................................................................................... 23

 Amounts Available for Obligation ...................................................................... 24

 Summary of Changes by Budget Authority ....................................................... 24

 Appropriations and Staffing History Table ......................................................... 25
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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EXECUTIVE SUMMARY

The Federal Mine Safety and Health Review Commission (FMSHRC) 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 FMSHRC 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 FMSHRC, 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.

FMSHRC is requesting a budget level of $17.539 million in FY 2022 to support the fulltime equivalent (FTE) of 76 staff members. This budget level represents a $0.355 

million increase above the FY 2021 Enacted level of $17.184 million to accommodate 

the pay raise of 2.7 percent. 

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

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

operators. FMSHRC 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, review of 

MSHA’s approval of operators’ emergency response and other mine safety plans,

miners’ complaints they suffered discrimination because they exercised protected safety 

rights, as well as allegations of interference with the exercise of such rights, 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. 

FMSHRC’s Administrative Law Judges (ALJs) decide cases at the trial level. The fivemember Commission provides administrative appellate review. Review of an ALJ’s 

decision by FMSHRC 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 (sua sponte), may decide to review a case. A judge’s decision that is 

not accepted for review becomes a final, non-precedential order of FMSHRC. Appeals 

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

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

Judge (OCALJ). It is estimated that the OCALJ will receive 2,412 new cases for review

in FY 2022. It is estimated there will be 2,240 dispositions, and that the year-end

balance will be 829 cases.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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FMSHRC’s Commission Review function is expected to receive 48 new cases, including 

12 substantive cases and 36 default cases. FMSHRC projects that 74 undecided 

appellate cases will be on hand at the beginning of FY 2022, including 13 substantive 

cases and 61 default cases. During FY 2022, it is expected that 14 substantive cases 

will be disposed. The substantive case inventory at the end of the year is estimated to 

be 14. 

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 OGC, review and analyze 

extensive briefs filed by the parties, often 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, at the appellate level FMSHRC 

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. At the end of FY 

2020, the number of default cases pending decision was 144. FMSHRC has prioritized 

the resolution of default cases and expects to clear the backlog of long-pending cases 

by close of the 2021 fiscal year.

FMSHRC’s overall management priority continues to be the expeditious, fair, and legally 

sound adjudication of cases at the trial and appellate levels. In response to the COVID 

pandemic, FMSHRC implemented a fulltime teleworking plan for all personnel, initiated 

complete electronic filings and issuances and suspended in-person hearings, oral 

arguments and Commission meetings. These measures remain in place in 2021. 

Despite these significant challenges, FMSHRC continues to improve trial and appellate 

case pendency times, resulting in more timely resolutions for petitioners. FMSHRC is 

also mindful that mine emergencies and legislative changes may change the number, 

complexity, and complexion of cases, and affect what cases might be appealed. Our 

agency continues to build the systems, processes, and capacity to be scaled 

appropriately if new case filings increase. 
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, FMSHRC 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. 

FMSHRC’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 FMSHRC’s mission was expanded by the passage of the MINER Act in 

2006. That statute amended the Mine Act and vested FMSHRC 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 FMSHRC and its ALJs with respect to these 

proceedings and FMSHRC has adopted procedural rules to implement those deadlines.

FUNCTIONS AND PROCEDURES

FMSHRC carries out its responsibilities through trial-level adjudication by ALJs and 

appellate review of ALJs’ 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 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 they suffered discrimination because they exercised protected safety rights,

allegations of interference with the exercise of such rights, miners’ applications for 

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

MSHA’s approval of operators’ emergency response and other mandatory plans.

Once a case is filed with FMSHRC, 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 an ALJ. 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 ALJ, that ALJ is

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

is necessary, the ALJ schedules and presides over the hearing, and issues a decision 

based upon the record. An ALJ ’s decision becomes a final, non-precedential order of 

FMSHRC unless it is accepted for review by the five-member Commission.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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

decisions issued by ALJs when requested by a litigant, or it may, on its own initiative, 

direct cases for review. FMSHRC’s decisions are precedential and appeals from 

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

The Office of the Executive Director (OED) 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

FMSHRC has two strategic goals:

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

cases.

Strategic Goal 2: Manage FMSHRC’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

Vacant

Commissioner

William Althen

Commissioner

Arthur Traynor

Chair

Marco Rajkovich

Commissioner

Vacant

Commissioner

Michael McCord

General Counsel

Michael Chirico

Governmental

Liaison and Policy

Advisor

Glynn F. Voisin

Chief 

Administrative 

Law Judge

Lisa M. Boyd

Executive 

Director
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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COMMISSION MEMBERS

NAME TERM EXPIRATION

Arthur Traynor

Marco Rajkovich 

 August 30, 2022

 August 30, 2024

William Althen August 30, 2024
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

[$17,184,000] $17,539,000 (Departments of Labor, Health and Human Services, and 

Education, and Related Agencies Appropriations Act, 2021.)

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 2020

Actual

FY 2021

Enacted

FY 2022

Request

Budget Authority $17,184 $17,184 $17,539

FTE 59 76 76
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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PRESIDENT’S PRIORITIES

COVID Response: In response to the executive order on Protecting the Federal 

Workforce and Requiring Mask-Wearing, FMSHRC crafted a COVID-19 Agency Safety 

Plan and continues to vigorously prepare for a safe return to the federal workplace for 

employees and our service base. 

Cybersecurity/Solar Winds Response: FMSHRC will continue its efforts to respond 

to Presidential priorities, including cybersecurity, the Solar Winds response, and IT 

modernization. FMSHRC priorities also include modernization of the public facing 

website, expanding digital services to a wider user base, and modernization of 

information systems associated with Privacy Act processes.

Promoting Racial and Economic Equity: In response to Executive Order 13985, 

FMSHRC will implement initiatives to promote racial and economic equity, beginning 

with making our public facing website accessible to the Spanish-speaking mining 

community and offering documents and information processes in Spanish. 

Additionally, FMSHRC is taking a structured look at our approach to Equal Employment 

Opportunity initiatives, trainings, hiring and policies and procedures that will enhance 

and strengthen our workforce. 

Promoting Collective Bargaining: FMSHRC has taken steps to ensure that 

employees understand Executive Order 14003 and will continue to inform employees of 

their rights to participate in employee labor unions and collective bargaining.

Developing a Workforce for the 21st Century: FMSHRC continues to recruit, talent,

both for the agency and as an entry point for more extensive Federal employment. 

FMSHRC will continue to leverage investments in employee training to develop a welltrained workforce. 

Improving Case Processing: FMSHRC will seek to maintain improvements to trial 

and appellate level case pendency, with an emphasis on resolving any remaining older 

cases. These actions serve to provide a timely resolution to parties before FMSHRC.

Sharing Quality Services: FMSHRC will continue seeking improvement and 

efficiencies through Shared Service Providers. This includes interagency agreements 

for human resource, procurement, travel, financial management, cybersecurity 

initiatives with Shared Service providers. FMSHRC will also seek efficiencies where 

practical with other Federal entities. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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JUSTIFICATION BY FUNCTION

GENERAL STATEMENT

FMSHRC was established as an independent agency by section 113(a) of the Federal 

Mine Safety and Health Act of 1977. FMSHRC fulfills its mission through three 

functions. 

The OCALJ function provides trial-level adjudication by ALJs. At the trial level, 

FMSHRC’s ALJs hear and decide cases initiated by the Secretary of Labor, mine 

operators, miners, and miners’ representatives.

FMSHRC Commission Review function is carried out by the Commissioners, their staff, 

and OGC. FMSHRC 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, FMSHRC 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 OED function supports both the trial-level and appellate functions by providing 

budget management, administrative and technical services.

In FY 2022, FMSHRC is requesting $17.539 million and 76 FTE. 

 Dollars in thousands

FY 2020

Actual

FY 2021 

Enacted

FY2022 

Request

Function FTE

Budget 

Authority FTE

Budget 

Authority FTE

Budget 

Authority

Administrative Law 

Judge 34 $9,593 43 $9,593 43 $9,741

Commission Review 19 $5,472 22 $5,472 22 $5,458

Office of Executive 

Director 6 $2,119 11 $2,119 11 $2,340

Total 59 $17,184 76 $17,184 76 $17,539
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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ADMINISTRATIVE LAW JUDGE FUNCTION

Administrative Law Judge Function

Dollars in thousands

FY 2020

Actual

FY 2021

Enacted

FY 2022

Request

Budget Authority $9,593 $9,593 $9,741

FTE 34 43 43

Introduction

FMSHRC employs ALJs to hear and decide contested cases at the trial level. The ALJs

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. FMSHRC ALJs are also responsible for evaluating and approving or 

denying settlement agreements proposed by the parties under the Mine Act.

FMSHRC’s FY 2022 budget includes the following strategic objective for the ALJ 

function: 

• Ensure timely issuance of decisions at the trial level. 

FY 2022

FMSHRC’s FY 2022 budget request includes 43 FTEs and $9.741 million for its 

Administrative Law Judge function. 

The FY 2021 request includes law clerks, management analysts, and legal assistants to 

support the judges, and several docket office management analysts and clerks to 

maintain case files and process and record documents filed with FMSHRC.

FMSHRC has established a pendency goal for trial level cases of 180 days for FY 2022. 

Pendency is the average time between receipt of a case and case disposition. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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FMSHRC estimates that 829 trial level cases will be pending at the beginning of FY 

2022. FMSHRC anticipates that it will receive 2,412 new cases during FY 2022 and will 

dispose of 2,240 cases during the same period. 

FY 2021

FMSHRC’s FY 2021 Enacted budget level included 43 FTEs and $9.593 million for its 

Administrative Law Judge function. 

The FY 2021 level supports law clerks, management analysts, and legal assistants to 

support the judges, and several docket office management analysts and clerks to 

maintain case files and process and record documents filed with FMSHRC. FMSHRC

has established a pendency goal for trial level cases of 180 days for FY 2021. 

FMSHRC estimates that 886 trial level cases will be pending at the beginning of FY 

2021. FMSHRC anticipates that it will receive 2,373 new cases during FY 2021 and will 

dispose of 2,320 cases during the same period. 

FY 2020

FMSHRC’s FY 2020 Enacted budget level for its Administrative Law Judge function was 

$9.593 million and that office had a year-end total of 34 actual FTEs. 

There were 1,212 trial level cases pending at the beginning of FY 2020. FMSHRC

received 2,213 new cases during FY 2020 and disposed of 2,539 cases during the 

same period. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Administrative Law Judge Function – Caseload Data

FY 2020 FY 2021 FY 2022

Actual Estimate Estimate

Cases pending beginning of 

year 1,212 886 829

Assessment of civil 

penalty 1,130 802 713

Notice of contest 63 69 90

Discrimination and 

compensation 17 10 15

Other 2 5 11

New cases received 2,213 2,373 2,412

Assessment of civil 

penalty 1,991 2,101 2,141

Notice of contest 179 219 218

Discrimination and 

compensation 31 40 42

Other 12 13 11

Total case workload 3,425 3,259 3,241

Assessment of civil 

penalty 3,121 2,903 2,854

Notice of contest 242 288 308

Discrimination 

proceeding 48 50 57

Other 14 18 22

Cases disposed 2,539 2,430 2,240

Assessment of civil 

penalty 2,319 2,190 2,066

Notice of contest 173 198 138

Discrimination and 

compensation 38 35 30

Other 9 7 6

Cases pending end of year 886 829 1,001

Assessment of civil 

penalty 802 713 788

Notice of contest 69 90 170

Discrimination and 

compensation 10 15 27

Other 5 11 16
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Administrative Law Judge Function – Strategic Objectives

Strategic Objective 1.1 Ensure timely issuance of decisions at the trial level

FY 2020 FY 2021 FY 2022

Performance Goal Actual Target Target

1.1.1 Average time from receipt to disposition of all cases 161 days 180 days 180 days

1.1.2 Average time from receipt to disposition of penalty 

cases 153 days 180 days 180 days

1.1.3 Percent of all cases on hand over

365 days in age 1% 20% 20%

COMMISSION REVIEW FUNCTION

Commission Review Function

Dollars in thousands

FY 2020

Actual

FY 2021

Enacted

FY 2022

Request

Budget Authority $5,472 $5,472 $5,458

FTE 19 22 22

Introduction

The FMSHRC Commission Review function incorporates the responsibilities of the 

Commissioners and OGC 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 FMSHRC has granted a petition for 

review filed by either party, or at least two Commissioners have decided to 

grant review on their own initiative. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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(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 ALJs’ decisions is set forth in section 113(d)(1) of 

the Mine Act. The Act states that an ALJ’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 FMSHRC when two or more 

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

affected or aggrieved by the ALJ’s decision. FMSHRC may also consider an ALJ’s 

interlocutory ruling under certain circumstances.

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

sponte (on FMSHRC’s own initiative, without the parties filing a petition). Sua sponte

review is limited to judges’ decisions that are contrary to law or FMSHRC policy, or that 

present a novel question of policy. 

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

When FMSHRC lacks a quorum of Commissioners, it cannot issue decisions, and this 

affects the average time required to reach decisions. Many of FMSHRC’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 FMSHRC 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 Commissioners. 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 FMSHRC’s staff. In addition, 

OGC is primarily responsible for formulating and drafting FMSHRC’s rulemaking 

initiatives, such as those involving more efficient settlement procedures and simplified 

proceedings for litigating certain categories of cases.

FMSHRC has established the following strategic objective for FMSHRC Commission 

Review function. 

• Ensure timely issuance of decisions at the appellate level. 
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FY 2022

FMSHRC’s FY 2022 budget request includes 22 FTEs and $5.458 million for its 

Commission Review function.

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

FMSHRC must issue rulings very quickly. For example, FMSHRC hears appeals of 

temporary reinstatement cases; these are discrimination cases, and pursuant to 

FMSHRC’s procedural rules, appeals of these types of decisions must be adjudicated 

within an extremely short timeframe. 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. 

In FY 2022, it is expected that 74 substantive and default cases will be pending at the 

beginning of the year, and an estimated 48 new cases will be filed during the year. 

Approximately 57 dispositions are expected, of which an estimated 14 will be 

substantive cases and 43 will be default cases. It is anticipated that FMSHRC’s 

appellate docket will contain 65 cases at the end of FY 2022. The legal proceedings 

involved in disposing of substantive cases are 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. FMSHRC will continue to work expeditiously to 

achieve the goals for case backlog and pendency.

FY 2021

FMSHRC’s FY 2021 Enacted budget level included 22 FTEs and $5.472 million for its 

Commission Review function in FY 2021. 

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

FMSHRC must issue rulings very quickly. For example, FMSHRC hears appeals of 

temporary reinstatement cases; these are discrimination cases, and pursuant to 

FMSHRC’s procedural rules, appeals of these types of decisions must be adjudicated 

within an extremely short timeframe. 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. 

In FY 2021, a total of 157 substantive and default cases were pending before FMSHRC 

at the beginning of the year and an estimated 59 new cases will be filed during the year. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Approximately 142 dispositions are expected, of which an estimated 12 will be 

substantive cases and 130 will be default cases. The number of dispositions in default 

cases in FY 2021 is projected to be unusually high (130) because the Commission is 

placing a special emphasis this year on reducing the backlog of pending default cases. 

It is anticipated that FMSHRC’s docket will contain 74 undecided cases at the end of FY 

2021. FMSHRC will continue to work expeditiously to achieve the goals for case 

backlog and pendency.

FY 2020 

FMSHRC’s FY 2020 Enacted budget level for its Commission Review function was 

$5.472 million and that office had a year-end total of 19 actual FTEs. 

In FY 2020, there were 95 cases before FMSHRC at the beginning of the year, and 82 

new cases were filed during the year. Twenty (20) cases were disposed, of which 14

were substantive cases and 6 were default cases. FMSHRC’s appellate docket 

contained 157 undecided cases at the end of FY 2020.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Commission Review Function - Caseload Data

FY 2020 FY 2021 FY 2022

Actual Estimate Estimate

Cases pending beginning of 

year

95 157 74

Substantive cases 13 13 13

Default cases 82 144 61

New cases received 82 59 48

Substantive cases 14 9 12

Default cases 68 50 36

Total case workload 177 216 122

Substantive cases 27 22 25

Default cases 150 194 97

Cases disposed 20 142 57

Substantive cases 14 12 14

Default cases 6 130 43

Cases pending end of year 157 74 65

Substantive cases 13 13 14

Default cases 144 61 51
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Commission Review Function – Strategic Objectives

Strategic Objective 1.2 Ensure timely issuance of decisions at the appellate level

FY 2020 FY 2021 FY 2022

Performance Goal Target Target Target

1.2.1 Average time to issuance of decision

12

months

12 

months

12 

months

1.2.2 Average time from briefing completion to issuance of 

decision 9 months 9 months 9 months

1.2.3 Percent of cases on hand over 18 months in age 20% 20% 20%

Strategic Objective 1.3 Issue orders in motions to reopen cases in a timely manner

FY 2020 FY 2021 FY 2022

Performance Goal Target Target Target

1.3.1 Average time to issuance of final order 120 days 120 days 120 days

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

issuance of a decision
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 2020

Actual

FY 2021

Enacted

FY 2022

Request

Budget Authority $2,119 $2,119 $2,340

FTE 6 11 11

Introduction

The Office of the Executive Director (OED) function is led by the Executive Director and

provides administrative services to support FMSHRC 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 budget and accounting, such as 

budget formulation, budget execution, funds control, financial reporting, and vendor 

payments.

Human resources include 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 include 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 includes help desk functions, network administration, 

Cybersecurity oversight and implementation, policy formulation, and 

telecommunications.

Facilities management includes property and space management, OSHA Compliance, 

emergency evacuation, and physical security.

OED's other general administrative services include oversight and administering 

employee travel authorizations and reimbursements and the metro subsidy program.

 
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The OED function supports Strategic Goal 2 outlined in FMSHRC’s Strategic Plan. 

OED, in coordination with FMSHRC’s Senior Management Team, support the following 

objectives: 

• 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 FMSHRC’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 FMSHRC’s mission; and

• Develop and maintain a Cybersecurity Risk Management Strategy for FMSHRC’s 

network infrastructure in order to assess, respond, detect and prevent, and 

monitor risk, to protect FMSHRC’s resources.

FY 2022

FMSHRC’s FY 2022 budget request includes 11 FTEs and $2.340 million for its Office 

of the Executive Director function. 

FY 2021

FMSHRC’s FY 2021 Enacted budget level included 11 FTEs and $2.119 million for its 

Office of the Executive Director function.

FY 2020

FMSHRC’s FY 2020 Enacted budget level was $2.119 million for its Office of the 

Executive Director function and that office had a year-end total of 6 actual FTE’s. 
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

FY 2022 Budget Request by Object Class

Dollars in thousands

FY 2020

Actual

FY 2021 

Enacted

FY 2022

Request

Personnel Compensation 7,813 9,458 9,920

Other than Full-Time Permanent 0 0 0 

Total, Personnel Compensation 7,813 9,458 9,920

Personnel Benefits, Civilian 2,487 2,572 2,698

Benefits to Former Employees 10 10 10

Travel and Transportation of Persons 47 8 151

Transportation of Things 16 12 11

Rental Payments to GSA 1,977 1,995 1,875

Communications, Utilities, and Misc. 528 733 807

Printing and Reproduction 15 9 15

Other Services 2,691 2,279 1,721 

Supplies and Materials 53 48 150

Equipment 162 120 181

Unobligated 1,385 - -

Total 17,184 17,184 17,539 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Personnel Summary

2020 2021 2022

Enacted 

Actual

Enacted 

Estimate

Request

Estimate

Executive Level III 1 1 1

Executive Level IV 2 4 4

Executive Schedule 3 5 5

ES 1 2 2

Senior Executive Service 1 2 2

AL-2 1 1 1

AL-3 11 11 11

Administrative Law Judges 12 12 12

GS-15 6 7 7

GS-14 9 9 9

GS-13 4 5 5

GS-12 7 16 16

GS-11 5 5 6

GS-9 4 13 13

GS-8 7 1 1

GS-7 3 1 1

General Schedule 45 57 57

Total Permanent Full-Time Positions 59 76 76

Unfilled Positions, end-of year 17 - -

Total, Full-Time Permanent Employment, 

(authorized) 76 - -

Cumulative Full-Time Equivalent (FTE) 

usage

60 - -

Average Salaries

FY 2020

Enacted

(Actual)

FY 2021

Enacted

(Estimate)

FY 2022

Request

(Estimate)

Average EX Salary $160,609 $161,800 $166,169

Average ES Salary $173,300 $175,033 $179,221

Average AL Salary $176,900 $183,315 $188,249

Average GS Salary $98,075 $101,718 $110,182
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

24

Amounts Available for Obligation

(in millions)

FY 2020

Actual

FY 2021

Enacted

FY 2022

Request

FTE Amount FTE Amount FTE Amount

Appropriation 59 $17.184 76 $17.184 76 $17.539

Summary of Changes by Budget Authority

(in millions)

Budget Authority FY 2020

Actual

FY 2021 

Enacted

FY 2022 

Request

Net Change 

(FY 2021 to FY 2022)

Appropriations $17.184 $17.184 $17.539 +$0.355

Full-time Equivalent 59 76 76 0
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

25

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 -- -- 16,683,0007 74

2014 16,423,000 -- -- 16,423,000 82

2015 17,601,000 -- -- 16,751,000 73

2016 17,085,000 -- -- 17,085,000 72

2017 17,184,000 -- -- 17,184,000 65

2018 17,053,000 -- -- 17,184,000 60

2019 17,053,000 - - 17,184,000 66

2020 17,184,000 - - 17,184,000 59

2021 17,184,000 - - 17,184,000 76*

2022 17,539,000 76*

*Estimated FTE Level

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.

7 Reflects the post-sequester 2013 Continuing Resolution level.