FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

JUSTIFICIATION OF

APPROPRIATION ESTIMATES

FOR

CONGRESSIONAL APPROPRIATIONS

FISCAL YEAR 2017

FEBRUARY 9, 2016
Federal Mine Safety and Health Review Commission 

Table of Contents

Fiscal Year 2017 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 ............................................... 21

Tables

 Budget Authority by Object Class ...................................................................... 24

 Personnel Summary........................................................................................... 25

 Amounts Available for Obligation ...................................................................... 26

 Summary of Changes by Budget Authority ....................................................... 26

 Appropriations and Staffing History Table ......................................................... 27
Federal Mine Safety and Health Review Commission 

1

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 of $17,184,000 for FY 2017 to support the fulltime equivalent (FTE) of 79 staff members. The increase will allow the Commission to 

cover inflationary costs in built-ins while continuing to fulfill their mission.

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 Commission will receive 5,214 new cases for review

in FY 2017. The Commission’s overall management priority continues to be the
Federal Mine Safety and Health Review Commission 

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expeditious, fair, and legally sound adjudication of cases at the trial and appellate 

levels.

The Commission projects 4,200 undecided trial cases at the start of FY 2017. During 

FY 2017, 5,214 new cases are anticipated to be filed, and 6,114 cases are anticipated 

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

3,300.

In recent years, the Commission’s appellate review function has also seen a dramatic 

increase in the number of filings. The trend of parties filing this higher number of 

petitions for review is likely to continue for the foreseeable future.

Resolving these 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. 
Federal Mine Safety and Health Review Commission 

3

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 

6

COMMISSION MEMBERS

NAME TERM EXPIRATION

Mary Lu Jordan, Chairman

Patrick K. Nakamura

August 30, 2020

August 30, 2016

Robert F. Cohen Jr. August 30, 2018

William I. Althen

Michael G. Young

August 30, 2018

August 30, 2020
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

[$17,085,000] $17,184,000. (Departments of Labor, Health and Human Services, and 

Education, and Related Agencies Appropriations Act, 2016.)

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 2015

Enacted

FY 2016

Enacted

FY 2017

Request

Budget Authority $16,751 $17,085 $17,184

FTE 76 79 79
Federal Mine Safety and Health Review Commission 

8

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 2017, the Commission is requesting $17,184,000 and 79 FTE. 

Summary by Function

Dollars in thousands

Function FTE

Budget 

Authority FTE

Budget 

Authority FTE

Budget 

Authority

Administrative Law Judge 48 $11,578 48 $11,653 48 $11,721

Commission Review 22 $4,294 25 $4,535 25 $4,561

Office of Executive Director 6 $879 6 $897 6 $902

Total 76 $16,751 79 $17,085 79 $17,184

FY 2015

Enacted

FY 2016

Enacted

FY 2017

Request
Federal Mine Safety and Health Review Commission 

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ADMINISTRATIVE LAW JUDGE FUNCTION

Administrative Law Judge Function

Dollars in thousands

FY 2015

Enacted

FY 2016

Enacted

FY 2017

Request

Budget Authority $11,578 $11,653 $11,721

FTE 48 48 48

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 2017 budget includes the following strategic objective for the 

Administrative Law Judge function: 

• Ensure timely issuance of decisions at the trial level. 

FY 2017

The Commission’s FY 2017 budget request includes 48 FTEs and $11,721,000 for 

OALJ.

The FY 2017 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 200 days for FY 2017, a reduction from the pendency goal of 300 days in 

FY 2016. Pendency is the average time between receipt of a case and case 

disposition. 

The Commission estimates that 4,200 trial level cases will be 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 5,214 new cases during FY 2017, 

and will dispose of 6,114 cases during the same period. 

FY 2016

The Commission received a budget of $11,653,000 and 48 FTE for OALJ activities in 

FY 2016. 

The Commission has established a pendency goal for trial level cases of 300 days for 

FY 2016, a reduction from the pendency of 425 days in FY 2015. Pendency is the 

average time between receipt of a case and case disposition. 

There were 4,452 trial level cases pending at the beginning of FY 2016. New case 

filings are expected to remain steady from the FY 2015 level. As such, the Commission 

anticipates that it will receive 5,214 new cases during FY 2016, and will dispose of 5,466

cases during the same period. 

FY 2015

The Commission received a budget of $11,578,000 and 48 FTE for OALJ activities in 

FY 2015. 

The Commission began FY 2015 with an inventory of 6,582 undecided cases, and 

5,214 new cases were received for the year. 

The Commission disposed of 7,344 cases in FY 2015. The Commission reached a 

pendency of 425 days in FY 2015. This did not meet the goal of 360 days. The 

pendency figure fluctuated throughout FY 2015 as some of the Commission’s oldest 

cases were disposed, which raised the pendency figure for FY 2015, but will result in a 

lower pendency figure for FY 2016 and FY 2017. This resulted in a FY 2015 end-ofyear inventory of 4,452 undecided cases. 
Federal Mine Safety and Health Review Commission 

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Administrative Law Judge Function - Caseload Data

FY 2015 

Enacted

FY 2016 

Enacted

FY 2017

Request

Cases pending beginning of year 6,582 4,452 4,200

Assessment of civil penalty 5,059 3,226 3,043

Notice of contest 1,430 1,152 1,087

Discrimination proceeding 77 61 58

Compensation proceeding 1 1 1

Other 15 12 11

New cases received 5,214 5,214 5,214

Assessment of civil penalty 4,338 4,338 4,338

Notice of contest 787 787 787

Discrimination proceeding 56 56 56

Compensation proceeding 1 1 1

Other 32 32 32

Total case workload 11,796 9,666 9,414

Assessment of civil penalty 9,397 7,564 7,381

Notice of contest 2,217 1,939 1,874

Discrimination proceeding 133 117 114

Compensation proceeding 2 2 2

Other 47 44 43

Cases disposed 7,344 5,466 6,114

Assessment of civil penalty 6,171 4,521 4,990

Notice of contest 1,065 852 1,020

Discrimination proceeding 72 59 68

Compensation proceeding 1 1 1

Other 35 33 34

Cases pending end of year 4,452 4,200 3,300

Assessment of civil penalty 3,226 3,043 2,391

Notice of contest 1,152 1,087 854

Discrimination proceeding 61 58 45

Compensation proceeding 1 1 1

Other 12 11 9
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 2016 

Enacted

FY 2017 

Request

Performance Goal Target Results Target Target

1.1.1 Average time from receipt to 

disposition of all cases 360 days 425 days 300 days 200 days

1.1.2 Average time from receipt to 

disposition of penalty cases 360 days 387 days 330 days 250 days

1.1.3 Percent of all cases on hand 

over 365 days in age 30% 25% 20% 20%

Number of cases pending at year end 5,500 4,452 4,200 3,300

Performance Metrics - Office of the Administrative Law Judge Function

FY 2015

Enacted

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 2015

Enacted

FY 2016

Enacted

FY 2017

Request

Budget Authority $4,294 $4,535 $4,561

FTE 22 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 form. 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.

In recent years, the Commission’s appellate review function has seen a significant 

increase in the number of filings of both substantive and default cases. The trend of this 

higher number of petitions being filed for substantive review is likely to continue for the 

foreseeable future.

The Commission has established the following strategic objective for the Commission 

review function. 

• Ensure timely issuance of decisions at the appellate level. 

FY 2017

The Commission is requesting a budget of $4,561,000 and 25 FTE for its appellate 

review activities in FY 2017. 

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 
Federal Mine Safety and Health Review Commission 

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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. 

Due in part to the increased trial caseload, the number of these requests for appeals 

has grown tremendously. 

In FY 2017, it is expected that 114 substantive and default cases will be pending before 

the Commission at the beginning of the year, and an estimated 102 new cases will be 

filed during the year. Approximately 130 dispositions are expected, of which an 

estimated 32 will be substantive cases and 98 will be default cases. Thus, it is 

anticipated that the Commission’s appellate docket will contain 86 undecided cases at 

the end of FY 2017. The legal proceedings involved in disposing of substantive cases 

often take twelve months or longer. 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 2016

The Commission received a budget of $4,535,000 and 25 FTE for its appellate review 

activities in FY 2016. 

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

for each of the five Commissioners. This additional staffing will further reduce the 

substantive case load on appeal before the five Commissioners.

In FY 2016, there were 162 cases before the Commission at the beginning of the year, 

and an estimated 102 new cases will be filed during the year. Approximately 150 

dispositions are expected, of which an estimated 52 will be substantive cases and 98

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

contain 114 undecided cases at the end of FY 2016.
Federal Mine Safety and Health Review Commission 

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FY 2015

The Commission received $4,294,000 and 22 FTE for FY 2015. 

In FY 2015, the Commission began the year with an inventory of 178 undecided cases, 

and 123 new cases were received for the year. There were 139 case dispositions, 

consisting of 54 substantive cases and 85 default cases. The Commission’s appellate

docket contained 162 undecided cases at the end of FY 2015.
Federal Mine Safety and Health Review Commission 

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Commission Review Function

Substantive Cases
Federal Mine Safety and Health Review Commission 

19

FY 2015 

Enacted

FY 2016 

Enacted

FY 2017

Request

Cases pending beginning of year 178 162 114

Substantive cases 57 39 19

Default cases 121 123 95

New cases received 123 102 102

Substantive cases 36 32 32

Default cases 87 70 70

Total case workload 270 264 216

Substantive cases 93 71 51

Default cases 208 193 165

Cases disposed 139 150 130

Substantive cases 54 52 32

Default cases 85 98 98

Cases pending end of year 162 114 86

Substantive cases 39 19 19

Default cases 123 95 67

Commission Review Function - Caseload 
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 2016 

Enacted

FY 2017 

Request

Performance Goal Target Results Target Target

1.2.1 Average time to issuance of 

decision 31 months 26 months 21 months 12 months

1.2.2 Average time from briefing 

completion to issuance of decision 27 months 24 months 17 months 9 months

1.2.3 Percent of cases on hand over 

18 months in age 40% 49% 30% 30%

Number of cases pending at year end 38 39 19 19

1.3.1 Percent of default cases on 

hand over 6 months in age 12% 59% 11% 11%

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 2015

Enacted
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 2015

Enacted

FY 2016

Enacted

FY 2017

Request

Budget Authority $879 $897 $902

FTE 6 6 6

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 2017

The Commission is requesting an FY 2017 budget of $902,000 and 6 FTE. The FY 

2017 request includes an increase for inflationary built-ins.

FY 2016

The Commission received an FY 2016 budget of $897,000 and 6 FTE. 

FY 2015

The Commission received $879,000 and 6 FTE for FY 2015. 
Federal Mine Safety and Health Review Commission 

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TABLES
Federal Mine Safety and Health Review Commission 

24

Budget Authority by Object Class

FY 2017 Budget Request by Object Class

Dollars in thousands

FY 2015 

Enacted

FY2016 

Enacted

FY 2017 

Request

Personnel Compensation 8,446 8,594 8,597

Other than Full-Time 

Permanent

0 0 0

Total, Personnel 

Compensation 8,446 8,594 8,597

Personnel Benefits, Civilian 2,209 2,247 2,259

Benefits to Former 

Employees 12 12 12

Travel and Transportation 

of Persons 260 249 300

Transportation of Things 25 35 35

Rental Payments to GSA 1,883 1,917 1,943

Communications, Utilities, 

and Misc. 371 556 550

Printing and Reproduction 24 25 25

Other Services 2,988 3,040 3,031

Supplies and Materials 200 178 150

Equipment 333 232 282

Total 16,751 17,085 17,184
Federal Mine Safety and Health Review Commission 

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Personnel Summary

Average Salaries

FY 2015

Enacted

FY 2016

Enacted

FY 2017

Request

Average EX Salary $158,767 $158,767 $158,767 

Average ES Salary $174,178 $170,530 $177,585 

Average AL Salary $166,412 $166,412 $166,415 

Average GS Salary $82,003 $83,233 $84,481 

2015 2016 2017

Enacted Enacted Request

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 14

Administrative Law Judges 15 15 15

GS-15 5 5 5

GS-14 4 4 4

GS-13 7 7 7

GS-12 5 8 8

GS-11 16 16 16

GS-9 2 2 2

GS-8 7 7 7

GS-7 6 6 6

GS-6 2 2 2

GS-5 - - 0

General Schedule 54 57 57

Total Permanent Full-time Positions 76 79 79

Unfilled positions end-of-year 3 - -

Total, full-time permanent employment end-of-year 73 - -

Cumulative Full-time equivalent (FTE) usage 75 - -
Federal Mine Safety and Health Review Commission 

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Amounts Available for Obligation

(in millions)

FY 2015 Enacted FY 2016 Enacted FY 2017 Request

FTE Amount FTE Amount FTE Amount

Appropriation, total

estimated obligations 76 $16.751 79 $17.085 79 $17.184

Summary of Changes by Budget Authority

(in millions)

Budget Authority FY 2015 FY 2016 FY 2017 Net Change 

(FY 2016 to FY 2017)

Appropriations $16.751 $17.085 $17.184 + $.099

Full-time Equivalent 76 79 79 0
Federal Mine Safety and Health Review Commission 

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Appropriations and FTE History

Fiscal Year Budget Estimate

to Congress

House 

Allowance

Senate 

Allowance Appropriation FTE1

2000 6,159,000 6,060,000 6,159,000 6,136,0002 43

2001 6,320,000 6,200,000 6,320,000 6,320,000 42

2002 6,939,000 6,939,000 6,939,000 6,934,0003 38

2003 7,127,000 – – 7,131,3434 35

2004 7,774,000 7,774,000 7,774,000 7,728,1335 40

2005 7,813,000 7,813,000 7,813,000 7,809,0246 40

2006 7,809,000 7,809,000 7,809,000 7,730,9107 40

2007 7,576,000 7,731,000 7,731,000 7,777,6528 44

2008 8,096,000 8,096,000 7,954,563 7,954,563 48

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

2010 9,857,567 9,857,567 10,358,000 10,358,0009 63

Supplemental 3,800,000 3,800,000 3,800,00010 1711

2011 13,105,000 13,905,000 15,755,000 10,337,00012 63

2012 22,417,000 – 17,637,000 17,604,00013 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 (e)

2017 17,184,000 79

(e) = estimated

 1 FTE for FY 2013 and before represent the FTE ceiling given budget authority, not the actual FTE. 2 Reflects reduction of $23,000 pursuant to the Consolidated Appropriations Act for 2000, P.L. 106-113.

3 Reflects reduction of $5,000 pursuant to Section 1403 of P.L. 107-206.

4 Reflects adjustments pursuant to the Omnibus Appropriations Act, P.L. 108-7.

5 Reflects reduction of $45,867 pursuant to the Consolidated Appropriations Act, P.L. 108-199.

6 Reflects a congressional add-on of $59,000 and a reduction of $62,976 pursuant to Section 122(a) of 

P.L.108-447. 7 Reflects reduction of $78,090 pursuant to Title III, Chapter 8, of the Department of Defense 

Appropriations Act, P.L. 109-148. 

8 Reflects reduction of $144,437 pursuant to Sec. 528(a) of P.L. 110-161.

9 Reflects Senate approved mark-up of $500,000 pursuant to P.L. 111-117.

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

11 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.

12 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. 13 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.