FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

CONGRESSIONAL BUDGET JUSTIFICATION

AND

ANNUAL PERFORMANCE PLAN

FISCAL YEAR 2019

FEBRUARY 12, 2018
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

Table of Contents

Fiscal Year 2019 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

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 

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 $17,053,000 for FY 2019 to support the fulltime equivalent (FTE) of 73 staff members. This is level with the FY 2018 requested

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). It is expected that the OALJ will receive 3,761 new cases for review in 

FY 2019. It is expected that there will be 3,667 dispositions, and that the year end

balance will be 2,523 cases.

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

receive 106 new cases, including 34 substantive cases and 72 default cases. The 

Commission projects 16 undecided substantive appellate level cases on hand at the 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

2

start of FY 2019. During FY 2019, it is expected that 34 substantive cases will be 

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

16.

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 

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 penalty that should be assessed. 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 

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

Commission.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

4

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 

5

KEY PERSONNEL

ORGANIZATION CHART
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

6

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
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

7

APPROPRIATION LANGUAGE

SALARIES AND EXPENSES

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

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

Related Agencies Appropriations Act, 2019.)

Note.—A full-year 2018 appropriation for this account was not enacted at the time the budget was 

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

Act, 2018 (Division D of P.L. 115–56, as amended). The amounts included for 2018 reflect the annualized 

level provided by the continuing resolution.

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 2017

Enacted

FY 2018

Annualized CR

FY 2019

Request

Budget Authority $17,184 $17,067 $17,053

FTE 79 76 73
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 2019, the Commission is requesting $17,053,000 and 73 FTE. 

 Dollars in thousands

Function FTE

Budget 

Authority FTE

Budget 

Authority FTE

Budget 

Authority

Administrative Law Judge 48 $9,937 43 $9,446 43 $9,765

Commission Review 25 $5,946 25 $6,105 22 $5,553

Office of Executive Director 6 $1,301 8 $1,516 8 $1,735

Total 79 $17,184 76 $17,067 73 $17,053

Summary by Function

FY 2017

Enacted

FY 2018 

Annualized CR

FY 2019

Request
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

9

ADMINISTRATIVE LAW JUDGE FUNCTION

Administrative Law Judge Function

Dollars in thousands

FY 2017

Enacted

FY 2018

Annualized 

CR

FY 2019

Request

Budget Authority $9,937 $9,446 $9,765

FTE 48 43 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 2019 budget includes the following strategic objective for the 

Administrative Law Judge function: 

• Ensure timely issuance of decisions at the trial level. 

FY 2019

The Commission’s FY 2019 budget request includes 43 FTEs and $9,765,000 for OALJ.

The FY 2019 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 

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

level cases of 260 days for FY 2019. Pendency is the average time between receipt of 

a case and case disposition. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

10

The Commission estimates that 2,429 trial level cases will be pending at the beginning 

of FY 2019. New case filings are expected to remain steady from the FY 2018 level. As 

such, the Commission anticipates that it will receive 3,761 new cases during FY 2019, 

and will dispose of 3,667 cases during the same period. The Commission expects to 

decrease the average time from receipt to disposition of all cases due to a business 

process improvement initiative that began in FY 2018.

FY 2018

The Commission requested a budget of $9,446,000 and 43 FTE for OALJ activities in 

FY 2018. 

There were 2,592 trial level cases pending at the beginning of FY 2018. New case 

filings are expected to remain the same as the FY 2017 level. As such, the Commission 

anticipates that it will receive 3,761 new cases during FY 2018, and will dispose of 3,924

cases during the same period. 

FY 2017

The Commission received a budget of $9,937,000 and 48 FTE for OALJ activities in FY 

2017. 

The Commission began FY 2017 with an inventory of 3,011 undecided cases, and 

3,761 new cases were received for the year. 

The Commission disposed of 4,180 cases in FY 2017. This resulted in a FY 2017 endof-year inventory of 2,592 undecided cases. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

11

FY 2017 

Actual

FY 2018

Estimate

FY 2019

Estimate

Cases pending beginning of year 3,011 2,592 2,429

Assessment of civil penalty 2,650 2,297 2,162

Notice of contest 271 233 221

Discrimination and compensation 61 52 27

Other 29 10 19

New cases received 3,761 3,761 3,761

Assessment of civil penalty 3,332 3,332 3,332

Notice of contest 359 359 359

Discrimination and compensation 46 46 46

Other 24 24 24

Total case workload 6,772 6,353 6,190

Assessment of civil penalty 5,982 5,629 5,494

Notice of contest 630 592 579

Discrimination proceeding 107 98 73

Other 53 34 44

Cases disposed 4,180 3,924 3,667

Assessment of civil penalty 3,694 3,468 3,242

Notice of contest 395 371 347

Discrimination and compensation 75 70 65

Other 16 15 14

Cases pending end of year 2,592 2,429 2,523

Assessment of civil penalty 2,297 2,162 2,252

Notice of contest 233 221 233

Discrimination and compensation 52 27 8

Other 10 19 30

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

12

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

13

Administrative Law Judge Function – Strategic Objectives

FY 2017 FY 2018 FY 2019

Performance Goal Actual Target Target

1.1.1 Average time from receipt to disposition of all cases 325 days 290 days 260 days

1.1.2 Average time from receipt to disposition of penalty 

cases 315 days 280 days 250 days

1.1.3 Percent of all cases on hand over

365 days in age 19% 20% 20%

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

14

COMMISSION REVIEW FUNCTION

Commission Review Function

Dollars in thousands

FY 2017

Enacted

FY 2018

Annualized 

CR

FY 2019

Request

Budget Authority $5,946 $6,105 $5,553

FTE 25 25 22

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 

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

policy, or that present a novel question of policy. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

15

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 2019

The Commission is requesting a budget of $5,553,000 and 22 FTE for its appellate 

review activities in FY 2019. 

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. 

In FY 2019, it is expected that 40 substantive and default cases will be pending before 

the Commission at the beginning of the year, and an estimated 106 new cases will be 

filed during the year. Approximately 106 dispositions are expected, of which an 

estimated 34 will be substantive cases and 72 will be default cases. Thus, it is 

anticipated that the Commission’s appellate docket will contain 40 undecided cases at 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

16

the end of FY 2019. 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 lower 

number of dispositions reflects fewer cases pending at the beginning of the year, and 

faster processing times. The Commission will continue to work expeditiously to achieve 

the goals for case backlog and pendency, with a target average time to issuance of 

decision of 12 months, down from 15 months in 2017.

FY 2018

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

activities in FY 2018. 

In FY 2018, there were 75 cases before the Commission at the beginning of the year, 

and an estimated106 new cases will be filed during the year. Approximately 141

dispositions are expected, of which an estimated 39 will be substantive cases and 102

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

contain 40 undecided cases at the end of FY 2018.

FY 2017

The Commission received $5,946,000 and 25 FTE for FY 2017. 

In FY 2017, the Commission began the year with an inventory of 148 undecided cases, 

and 86 new cases were received for the year. There were 163 case dispositions, 

consisting of 32 substantive cases and 131 default cases. The Commission’s appellate

docket contained 75 undecided cases at the end of FY 2017.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

17

FY 2017

Actual

FY 2018

Estimate

FY 2019

Estimate

Cases pending beginning of year 148 75 40

Substantive cases 18 21 16

Default cases 133 54 24

New cases received 86 106 106

Substantive cases 34 34 34

Default cases 52 72 72

Total case workload 234 181 146

Substantive cases 53 55 50

Default cases 185 126 96

Cases disposed 163 141 106

Substantive cases 32 39 34

Default cases 131 102 72

Cases pending end of year 75 40 40

Substantive cases 21 16 16

Default cases 54 24 24

Commission Review Function - Caseload Data
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

18

Commission Review Function – Case Workload

Substantive Cases
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

19

Commission Review Function – Strategic Objectives

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 FY 2019

Performance Goal Actual Target Target

1.2.1 Average time to issuance of decision 15 months 15 months 12 months

1.2.2 Average time from briefing completion to issuance of 

decision 13 months 9 months 9 months

1.2.3 Percent of cases on hand over 18 months in age 14% 25% 20%

FY 2017 FY 2018 FY 2019

Performance Goal Actual Target Target

1.3.1 Average time to issuance of final order 494 days 300 days 120 days

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

Strategic Objective 1.3 Issue orders in motions to reopen cases in a timely manner
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

20

OFFICE OF THE EXECUTIVE DIRECTOR FUNCTION

Office of the Executive Director Function

Dollars in thousands

FY 2017

Enacted

FY 2018

Annualized 

CR

FY 2019

Request

Budget Authority $1,301 $1,516 $1,735

FTE 6 8 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 

21

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 

• Develop and maintain a Cybersecurity Risk Management Strategy for the 

Commission’s network infrastructure in order to assess, respond, and monitor 

risk, to protect the Commission’s resource

FY 2019

The Commission is requesting an FY 2019 budget of $1,735,000 and 8 FTE. 

FY 2018

The Commission requested an FY 2018 budget of $1,516,000 and 8 FTE. 

FY 2017

The Commission received $1,301,000 and 6 FTE for FY 2017. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

22

TABLES
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

23

Dollars in thousands

FY2017

Enacted

FY 2018 

Annualized 

CR

FY 2019 

Request

Personnel Compensation 8,758 8,521 8,411

Other than Full-Time Permanent 0 0 0

Total, Personnel Compensation 8,758 8,521 8,411

Personnel Benefits, Civilian 2,300 2,203 2,175

Benefits to Former Employees 5 5 10

Travel and Transportation of Persons 166 134 166

Transportation of Things 10 10 10

Rental Payments to GSA 1,948 1,966 1,987

Communications, Utilities, and Misc. 494 494 564

Printing and Reproduction 12 12 12

Other Services 3,167 3,313 2,988

Supplies and Materials 200 200 178

Equipment 124 209 552

Total 17,184 17,067 17,053

FY 2019 Budget Request by Object Class
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

24

Personnel Summary

Average Salaries

FY 2017

Enacted

FY 2018

Request

FY 2019

Request

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

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

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

Average GS Salary $83,233 $79,709 $92,928 

2017 2018 2019

Enacted 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 12 11

Administrative Law Judges 15 13 12

GS-15 5 6 6

GS-14 4 5 5

GS-13 7 9 9

GS-12 8 19 16

GS-11 18 2 3

GS-9 2 4 4

GS-8 13 10 10

GS-7 0 0 0

GS-6 0 1 1

GS-5 0 0 0

General Schedule 57 56 54

Total Permanent Full-time Positions 79 76 73
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

25

Amounts Available for Obligation

(in millions)

FY 2017

Enacted

FY 2018

Annualized CR

FY 2019

Request

FTE Amount FTE Amount FTE Amount

Appropriation, total

estimated obligations 79 $17.184 76 $17.067 73 $17.053

Summary of Changes by Budget Authority

(in millions)

Budget Authority FY 2017

Enacted

FY 2018

Annualized 

CR

FY 2019

Request

Net Change 

(FY 2018

Request to FY 

2019 Request)

Appropriations $17.184 $17.067 $17.053 - $0.014

Full-time Equivalent 79 76 73 - 3
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

26

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 76

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

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

2017 17,184,000 -- -- 17,184,000 79

2018 17,053,000 17,134,000 17,184,000 76 (e)8

2019 17,053,000 73

(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. 7 Reflects the post-sequester 2013 Continuing Resolution level. 8 A full-year 2018 appropriation was not enacted at the time the budget was prepared.