FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

JUSTIFICATION OF

APPROPRIATION ESTIMATES

FOR

CONGRESSIONAL APPROPRIATIONS

FISCAL YEAR 2016

FEBRUARY 2, 2015
Federal Mine Safety and Health Review Commission 

Table of Contents

Fiscal Year 2016 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 ................................................................................................. 8

General Statement 

Activities:

Administrative Law Judge Function

Commission Review Function

Office of the Executive Director Function

Charts and Graphs ....................................................................................................... 23

Budget Authority by Object Class 

Personnel Summary 

Amounts Available for Obligation

Summary of Changes by Budget Authority

Appropriations and Staffing History Table

2
Federal Mine Safety and Health Review Commission 

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 $17,085,000 for FY 2016 to support the fulltime equivalent (FTE) of 79 staff members. 

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. However, since FY 2006, the number of new cases filed in a given 

year has increased steadily, and in FY 2016 it is expected that the Commission will 

receive 6,055 new cases for review. The Commission’s overall management priority 

continues to be the expeditious, fair, and legally sound adjudication of cases at the trial 

and appellate levels.

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Federal Mine Safety and Health Review Commission 

The Commission projects 5,500 undecided trial cases at the start of FY 2016. During 

FY 2016, 6,055 new cases are anticipated to be filed, and 7,355 cases are anticipated 

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

4,200.

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 an increased number of 

petitions for review each year 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. 

The Commission implemented an electronic Case Management System in FY 2014. 

This integrated product allows most cases and documents to be filed, managed, stored 

and tracked internally online, both at the OALJ and at the Commissioner levels. An 

additional goal is to increase public access to promote greater public understanding of 

the Commission’s activities.

2
Federal Mine Safety and Health Review Commission 

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 enabling 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 

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Federal Mine Safety and Health Review Commission 

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

4
Federal Mine Safety and Health Review Commission 

KEY PERSONNEL

ORGANIZATION CHART

5
Federal Mine Safety and Health Review Commission 

COMMISSION MEMBERS

NAME TERM EXPIRATION

Patrick K. Nakamura August 30, 2016

Robert F. Cohen Jr. August 30, 2018

William I. Althen August 30, 2018

APPOINTMENTS EXPIRED

Mary Lu Jordan, Chairman August 30, 2014

Michael G. Young August 30, 2014

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Federal Mine Safety and Health Review Commission 

APPROPRIATION LANGUAGE

SALARIES AND EXPENSES

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

[$16,751,000] $17,085,000.

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 2014

Enacted

FY 2015

Enacted

FY 2016

Request

Budget Authority $16,423 $16,751 $17,085

FTE 76 76 79

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Federal Mine Safety and Health Review Commission 

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 main functions. The trial-level function lies within the Office of the Administrative 

Law Judges (OALJ). 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 appellate 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. Finally, the Office of the Executive Director

(OED) supports both the trial-level and appellate functions by providing budget 

management, administrative and technical services.

In FY 2016, the Commission is requesting $17,085,000 and 79 FTE. 

Summary by Function

Dollars in thousands

Function FTE

Budget 

Authority FTE

Budget 

Authority FTE

Budget 

Authority

Administrative Law Judges 48 $11,351 48 $11,578 48 $11,653

Commission Review 22 $4,210 22 $4,294 25 $4,535

Office of Executive Director 6 $862 6 $879 6 $897

Total 76 $16,423 76 $16,751 79 $17,085

FY 2014 

Enacted

FY 2015

Enacted

FY 2016

Request

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Federal Mine Safety and Health Review Commission 

ADMINISTRATIVE LAW JUDGE FUNCTION

Administrative Law Judge Function

Dollars in thousands

FY 2014

Enacted

FY 2015

Enacted

FY 2016

Request

Budget Authority $11,351 $11,578 $11,653

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 2016 budget includes the following strategic objective for the 

Administrative Law Judge function: 

• Ensure timely issuance of decisions at the trial level. 

FY 2016

The Commission’s FY 2016 budget request includes 48 FTEs and $11,653,000 for 

OALJ.

The FY 2016 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 

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Federal Mine Safety and Health Review Commission 

level cases of 270 days for FY 2016, a reduction from the pendency of 463 days in FY 

2013. Pendency is the average time between receipt of a case and case disposition. 

The Commission expects to be able to meet the goal of 270 days in FY 2016.

The Commission estimates that 5,500 trial level cases will be 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 6,055 new cases during FY 2016, 

and will dispose of 7,355 cases during the same period. 

FY 2015

The Commission began FY 2015 with an inventory of 6,278 undecided cases, and 

6,055 new cases are anticipated for the year. 

The Commission expects to dispose of 6,833 cases in FY2015. The Commission 

expects to reach the pendency goal of 360 days for trial level during FY 2015. This is 

expected to result in a FY 2015 end-of-year inventory of 5,500 undecided cases. This 

would be the fifth year that the number of pending cases was reduced or remained 

constant at year end.

FY 2014

There were 7,612 cases pending at the start of FY 2014, while 5,981 new cases were 

received.

The Commission disposed of 7,315 cases. This resulted in a FY 2014 end-of-year 

inventory of 6,278 undecided cases. This was the fourth year that the number of 

pending cases was reduced during the year.

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Federal Mine Safety and Health Review Commission 

Administrative Law Judge Function - Caseload Data

FY 2014 

Enacted

FY 2015 

Enacted

FY 2016

Request

Cases pending beginning of year 7,612 6,278 5,500

Assessment of civil penalty 6,231 4,839 4,245

Notice of contest 1,301 1,344 1,170

Discrimination proceeding 63 83 74

Compensation proceeding 6 2 2

Other 11 10 9

New cases received 5,981 6,055 6,055

Assessment of civil penalty 4,958 5,020 5,020

Notice of contest 910 919 919

Discrimination proceeding 79 80 80

Compensation proceeding 0 2 2

Other 34 34 34

Total case workload 13,593 12,333 11,555

Assessment of civil penalty 11,189 9,859 9,265

Notice of contest 2,211 2,263 2,089

Discrimination proceeding 142 163 154

Compensation proceeding 6 4 4

Other 45 44 43

Cases disposed 7,315 6,833 7,355

Assessment of civil penalty 6,350 5,614 6,023

Notice of contest 867 1,093 1,195

Discrimination proceeding 59 89 98

Compensation proceeding 4 2 2

Other 35 35 37

Cases pending end of year 6,278 5,500 4,200

Assessment of civil penalty 4,839 4,245 3,242

Notice of contest 1,344 1,170 893

Discrimination proceeding 83 74 57

Compensation proceeding 2 2 2

Other 10 9 6

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Federal Mine Safety and Health Review Commission 

Administrative Law Judge Function – Case Workload

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Federal Mine Safety and Health Review Commission 

FY 2015 

Enacted

FY 2016 

Request

Performance Goal Target Results Target Target

1.1.1 Average time from receipt to 

disposition of all cases 458 days 459 360 days 270 days

1.1.2 Average time from receipt to 

disposition of penalty cases 425 days 429 360 days 270 days

1.1.3 Percent of all cases on hand 

over 365 days in age 40% 28% 30% 20%

Number of cases pending at year end 6,444 6,278 5,500 4,200

Performance Metrics - Office of the Administrative Law Judges Function

FY 2014

Enacted

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

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Federal Mine Safety and Health Review Commission 

COMMISSION REVIEW FUNCTION

Commission Review Function

Dollars in thousands

FY 2014

Enacted

FY 2015

Enacted

FY 2016

Request

Budget Authority $4,210 $4,294 $4,535

FTE 22 22 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 either party has filed a petition for 

review with the Commission, 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 on the merits.

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

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

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Federal Mine Safety and Health Review Commission 

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, or the 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, review of financial 

disclosure forms, and equal employment opportunity counseling and training. 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 an 

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

the foreseeable future.

In addition, the high number of default cases filed before the Commission continues to 

be a major challenge. Historically, the number of motions to reopen filed by operators

has been fewer than 50 per year. However, the number of motions to reopen filed with 

the Commission increased substantially from 68 in FY 2007 to 113 in FY 2013 – a 70% 

increase. It is expected that the number of new default cases filed will remain constant 

in FY 2016 but still remain much higher than historical levels. Each default case must 

be carefully analyzed by an OGC attorney-advisor, who then prepares a draft order for 

consideration by the Commissioners. 

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Federal Mine Safety and Health Review Commission 

The Commission has established the following strategic objectives for the Commission 

review function. 

• Ensure timely issuance of decisions at the appellate level. 

• Issue orders in default cases in a timely manner

FY 2016

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

review activities in FY 2016. 

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 ten days. Due in part to the 

increased trial caseload, the number of these requests for appeals has grown 

tremendously. 

To further reduce the substantive case load on appeal before the five Commissioners, 

the Commission is requesting an additional 3 FTEs to provide a full-time Counsel for 

each of the five Commissioners. The FY 2015 funding level supports two Counsels for 

the five Commissioners. 

In FY 2016, it is expected that 172 cases will be pending before the Commission at the 

beginning of the year, and an estimated 132 new cases will be filed during the year. 

Approximately 138 dispositions are expected, of which an estimated 38 will be 

substantive cases and 100 will be default cases. Thus, it is anticipated that the 

Commission’s appellate docket will contain 166 undecided cases at the end of FY 2016.

FY 2015

The Commission received $4,294,000 and 22 FTE for FY 2014. 

16
Federal Mine Safety and Health Review Commission 

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

and 132 new cases are anticipated for the year. An estimated 138 case dispositions 

are expected, consisting of 38 substantive cases and 100 default cases. Thus, it is 

anticipated that the Commission’s appellate docket will contain 172 undecided cases at 

the end of FY 2015.

FY 2014

The Commission received $4,210,000 and 22 FTE in FY 2014.

The Commission began FY 2014 with an inventory of 137 undecided appellate cases 

and received 132 new cases during the year. There were 92 case dispositions, 31 of 

were substantive cases and 61 were default cases. The Commission’s appellate docket

contained 178 undecided cases at the end of FY 2014.

During FY 2014, because two Commissioners’ appointments expired in August 2014, 

emphasis was placed on processing substantive cases that involved high priority or 

difficult issues where the participation of all five Commissioners was desirable. For the 

same period, resources were diverted from default cases to substantive cases 

decisions, resulting in an increased number of default cases on hand at year end and 

those over six months in age.

17
Federal Mine Safety and Health Review Commission 

Commission Review Function

Substantive Cases

18
Federal Mine Safety and Health Review Commission 

FY 2014 

Enacted

FY 2015 

Enacted

FY 2016 

Request

Cases pending beginning of year 137 178 172

Substantive cases 69 57 38

Default cases 69 121 134

New cases received 132 132 132

Substantive cases 19 19 19

Default cases 113 113 113

Total case workload 270 310 304

Substantive cases 88 76 57

Default cases 182 234 247

Cases disposed 92 138 138

Substantive cases 31 38 38

Default cases 61 100 100

Cases pending end of year 178 172 166

Substantive cases 57 38 19

Default cases 121 134 147

Commission Review Function - Caseload Data

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Federal Mine Safety and Health Review Commission 

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 2015 

Enacted

FY 2016 

Request

Performance Goal Target Results Target Target

1.2.1 Average time to issuance of 

decision 29 months 27 31 months 21 months

1.2.2 Average time from briefing 

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

1.2.3 Percent of cases on hand over 

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

Number of cases pending at year end 61 57 38 19

1.3.1 Percent of default cases on 

hand over 6 months in age 13% 54% 12% 11%

Strategic Objective 1.2 Ensure timely issuance of decisions for appellate cases

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

Performance Metrics - Commission Review Function

FY 2014

Enacted

20
Federal Mine Safety and Health Review Commission 

OFFICE OF THE EXECUTIVE DIRECTOR FUNCTION

Office of the Executive Director Function

Dollars in thousands

FY 2014

Enacted

FY 2015

Enacted

FY 2016

Request

Budget Authority $862 $879 $897

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.

 

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Federal Mine Safety and Health Review Commission 

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 2016

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

2016 request includes an increase for inflationary built-ins.

FY 2015

The Commission received $879,000 and 6 FTE for FY 2015. 

FY 2014

The Commission received $862,000 and 6 FTE in FY 2014. 

The electronic case management system was implemented in FY 2014. 

22
Federal Mine Safety and Health Review Commission 

CHARTS AND GRAPHS

23
Federal Mine Safety and Health Review Commission 

Budget Authority by Object Class

FY 2016 Budget Request by Object Class

Dollars in thousands

FY 2014 

Enacted

FY 2015 

Enacted

FY 2016 

Request

Personnel Compensation 8,016 8,413 8,581

Other than Full-Time 

Permanent

384 388 395

Total, Personnel 

Compensation 8,400 8,801 8,976

Personnel Benefits, Civilian 2,168 2,292 2,338

Benefits to Former 

Employees 12 12 12

Travel and Transportation 

of Persons 331 260 265

Transportation of Things 32 41 42

Rental Payments to GSA 1,706 1,924 1,962

Communications, Utilities, 

and Misc. 369 445 454

Printing and Reproduction 24 24 25

Other Services 2,625 2,506 2,556

Supplies and Materials 325 175 178

Equipment 431 271 277

Total 16,423 16,751 17,085

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Federal Mine Safety and Health Review Commission 

Personnel Summary

Average Salaries

2014 2015 2016

ENACTED ENACTED REQUEST

1 1 1

4 4 4

5 5 5

2 2 2

Senior Executive Service 2 2 2

1 1 1

19 14 14

20 15 15

5 5 5

4 4 4

7 7 7

3 5 8

16 16 16

4 2 2

5 7 7

3 6 6

2 2 2

- - 0

49 54 57

76 76 79

0 - -

82 - -

74 - -

Executive Schedule

ES

Executive Level III

Executive Level IV

Cumulative Full-time equivalent (FTE) usage

GS-5

General Schedule

Total Permanent Full-time Positions

Unfilled positions end-of-year

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

GS-6

AL-2

GS-12

GS-11

GS-9

GS-8

GS-7

AL-3

Administrative Law Judges

GS-15

GS-14

GS-13

FY 2014

Enacted

FY 2015

Enacted

FY 2016

Request

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

Average ES Salary $170,530 $170,530 $170,530 

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

Average GS Salary $79,035 $82,003 $83,233 

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Federal Mine Safety and Health Review Commission 

Amounts Available for Obligation

(in millions)

FY 2014 Enacted FY 2015 Enacted FY 2016 Request

FTE Amount FTE Amount FTE Amount

Appropriation, total

estimated obligations 76 $16.423 76 $16.751 79 $17.085

Summary of Changes by Budget Authority

(in millions)

Budget Authority FY 2014 FY 2015 FY 2016 Net Change 

(FY 2015 to FY 2016)

Appropriations $16.423 $16.751 $17.085 + $0.334

Full-time Equivalent 76 76 79 + 3

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Federal Mine Safety and Health Review Commission 

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 79 (e)

(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.

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