Federal Mine Safety and Health Review Commission 

FMSHRC 

Congressional Budget Justification 

FISCAL YEAR 2025 

March 11, 2024 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

TABLE OF CONTENTS 

INTRODUCTION........................................................................................................................................................3

ABOUT US ...................................................................................................................................................................... 3

OUR MISSION.................................................................................................................................................................. 3

FUNCTIONS AND PROCEDURES......................................................................................................................................3

LOCATION ....................................................................................................................................................................... 4

STRATEGIC GOALS......................................................................................................................................................... 4

CURRENT LEADERSHIP..............................................................................................................................................5

COMMISSION MEMBERS.................................................................................................................................................5

KEY PERSONNEL ORGANIZATION CHART ..................................................................................................................... 5

BUDGET REQUEST SUMMARY...................................................................................................................................6

REQUEST ........................................................................................................................................................................ 6

PRESIDENT’S PRIORITIES...............................................................................................................................................6

APPROPRIATIONS LANGUAGE ..................................................................................................................................8

SALARIES AND EXPENSES .............................................................................................................................................8

AUTHORIZING LEGISLATION...........................................................................................................................................8

JUSTIFICATION BY FUNCTION ...................................................................................................................................9

OVERVIEW ...................................................................................................................................................................... 9

ADMINISTRATIVE LAW JUDGE FUNCTION .................................................................................................................... 10

COMMISSION REVIEW FUNCTION .................................................................................................................................12

COMMISSION SUPPORT FUNCTION .............................................................................................................................. 15

BUDGET TABLES .....................................................................................................................................................17

BUDGET BY OBJECT CLASSIFICATION ........................................................................................................................ 17

PERSONNEL SUMMARY ................................................................................................................................................18

APPROPRIATIONS AND FTE HISTORY ......................................................................................................................... 19
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INTRODUCTION 

About Us 

The Federal Mine Safety and Health Review Commission (FMSHRC, or the 

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. The Commission is entirely independent and is not 

a component of the Department of Labor (DOL) or Mine Safety and Health 

Administration (MSHA). 

Section 113 of the Mine Act establishes FMSHRC and sets forth its responsibilities. The 

Mine Improvement and New Emergency Response Act of 2006, P.L. 109-236 (MINER 

Act) added an additional responsibility to FMSHRC, resolving disputes between the 

Secretary of Labor and underground coal operators with respect to the contents of 

emergency response plans or the Secretary’s refusal to approve such plans. 

Our Mission 

The mission of FMSHRC is to provide just, speedy, and legally sound adjudication of 

proceedings authorized under the Mine Act in a manner that deters noncompliance with 

the Act and ensures that a penalty once proposed and contested before the 

Commission is not compromised out of view of the public or without justification. 

Functions and Procedures 

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

administrative law judges and appellate review of the judges’ decisions by a fivemember Commission. The Commissioners are appointed by the President and 

confirmed by the Senate. 

Most cases involve the contest of civil penalties proposed by MSHA to mine operators 

for alleged violations of mandatory health and safety standards, and address whether 

the alleged safety and health violations occurred as well as the assessment of 

appropriate civil penalties sufficient to deter operator noncompliance. The Commission 

is required by the Mine Act to review proposed penalty settlements between operators 

and MSHA to ensure that a penalty once proposed and contested before the 

Commission is not compromised out of the view of the public and without justification. 

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

safety reasons, miners' requests for compensation after being idled by such orders, 

review of MSHA’s approval or disapproval of operators’ emergency response and other 

mine safety plans, miners’ complaints that they suffered discrimination because they 

exercised protected safety rights, and miners’ allegations of interference with the 

exercise of such rights. Disputes involving the temporary reinstatement of a miner, or an 

emergency response plan must be decided on an expedited basis. 
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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 Commission. The 

Commission 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 Chair of the Commission is responsible for the administrative operations of the 

Commission. The Chief Operating Officer oversees the Commission’s daily operations 

and provides management guidance to the Chair to ensure Commission compliance 

with federal regulations and improve the Commission’s overall efficiency and 

effectiveness. 

Location 

The Commission is headquartered in Washington, DC with satellite offices located in 

Denver, Colorado and Pittsburgh, Pennsylvania. 

Strategic Goals 

FMSHRC has three strategic goals: 

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

of cases. 

Strategic Goal 2: Increase the Commission’s overall operational efficiency 

and effectiveness. 

Strategic Goal 3: Achieve organizational excellence through workforce 

development. 

 
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CURRENT LEADERSHIP 

Commission Members 

Name Term Expiration 

Marco M. Rajkovich Jr. August 30, 2024 

William I. Althen August 30, 2024 

Mary Lu Jordan, Chair August 30, 2026 

TJ Baker August 30, 2026 

Vacant August 30, 2028 

Key Personnel Organization Chart 

Marco M.

Rajkovich Jr.

Commissioner

William I.

Althen

Commissioner

Mary Lu

Jordan

Chair

TJ Baker

Commissioner

Vacant

Commissioner

Michael McCord

General Counsel

Glynn F. Voisin

Chief Administrative

Law Judge

Leslie C. Bayless

Chief Operating

Officer
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BUDGET REQUEST SUMMARY 

Request 

FMSHRC is requesting a budget level of $17.572 million in FY 2025 to support the full-time 

equivalent (FTE) of 67 staff members, which will allow the Commission to carry out its 

mission, support Administration priorities, and absorb inflationary increases. 

President’s Priorities 

In addition to carrying out its substantive mission, the budget request allows FMSHRC to 

focus on advancing the following priorities outlined within the President’s Management 

Agenda (PMA). 

MANAGEMENT ISSUES 

Building Pipelines into the Federal Workforce

FMSHRC supports cultivating a workforce that draws from the full diversity of the Nation 

and aims to serve as a role model for diversity, equity, inclusion, and accessibility. 

FMSHRC continues to recruit talent both for the agency and as an entry point for more 

extensive federal employment. Most agency hiring is done through the Office of the Chief 

Administrative Law Judge (OCALJ) for the law clerk and summer internship programs. 

OCALJ hiring focuses on early career talent as law clerks are hired from pools of recent 

law school graduates. OCALJ fully leverages the flexibility of the Pathways Program to hire 

law school students for its summer internship positions. On a regular basis, hiring 

personnel discuss special emphasis hiring initiatives with the EEO Director and consider 

these initiatives during recruitment. To ensure a diverse pool of candidates, hiring 

personnel are encouraged to seek applicants through public interest job fairs; law school 

on-campus interviewing; affinity groups including bar associations, other professional legal 

associations, or professional networks; and the Department of Labor Workforce 

Recruitment Program, especially when recruiting for the law clerk and summer intern 

programs. Hiring personnel may solicit candidates directly from the Department of Labor 

Workforce Recruitment Program database. Hiring personnel may also consider unsolicited 

applications from law schools, community groups, and individuals looking for paid or 

unpaid opportunities. Hiring personnel track and retain all applications not submitted 

through USA Jobs. 

 
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Cybersecurity 

FMSHRC continues to prioritize IT Modernization and Cybersecurity with a specific 

emphasis on Executive Order 14028, “Improving the Nation’s Cybersecurity.” FMSHRC 

plans to align its investments in cybersecurity according to NIST guidelines. For example, 

investment categories will include security acquisition, standardized cybersecurity 

vulnerabilities and incident response, as well as maturing priority capabilities. FMSHRC 

priorities also include Zero Trust security, cloud adoption, modernization of the publicfacing website, leveraging data as a strategic investment, expanding digital services to a 

wider user base, and modernization of information systems associated with Privacy Act 

processes. 

Travel System Modernization 

FMSHRC utilizes a shared service provider through an interagency agreement for its travel 

services. As a result, we benefit from travel system integration with our financial 

management platforms. By relying on an external provider, we can leverage our external 

provider’s travel system modernization efforts. 

Personnel System Vetting 

The Commission’s Trusted Workforce 2.0 Implementation Plan is under development. The 

Commission continues to improve how it vets its civilian, military, and contractor workforce. 

The Commission has provided adequate funding to expand continuous vetting enrollment 

to include the agency’s Non-Sensitive Public Trust (NSPT) personnel through an 

Interagency Agreement with DOI and DCSA. The collection and reporting of performance 

metrics mandated in the Performance Management Implementation Guidance is under 

development. 

Equity 

In response to Executive Order 13985: Advancing Racial Equity and Support for 

Underserved Communities Through the Federal Government, created to address outward 

barriers to equity and inclusion for members of underserved communities, FMSHRC 

continues initiatives to promote racial and economic equity, beginning with making our 

public-facing website accessible to the Spanish-speaking mining community and offering 

documents and information processes in Spanish. Additional initiatives will include 

distribution of bilingual written guidance in mining communities, so that miners are able to 

fully exercise their right to file a claim under section 105(c)(3) on their own behalf. 

In response to Executive Order 14035: Diversity, Equity, Inclusion, and Accessibility in the 

Federal Workplace (DEIA), created to address inward barriers to equity and inclusion for 

members of underserved communities, FMSHRC continues to assess its recruitment, 

hiring, promotion, and retention policies and practices to identify any barriers. In addition, 

FMSHRC continues to assess whether members of underserved communities encounter 

any reasonable accommodation or religious accommodation barriers. 
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APPROPRIATIONS LANGUAGE 

Salaries and Expenses 

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

$17,572,000. (Departments of Labor, Health and Human Services, and Education, and 

Related Agencies Appropriations Act, 2023.) 

Note. — A full-year 2024 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, 2024 and Other Extensions Act (Division A of Public Law 118–15, as 

amended). The amounts included for 2024 reflect the annualized level provided by the continuing 

resolution.

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 2023 

Enacted 

FY 2024 

C.R. 

FY 2025 

Request

Budget Authority $18.012 $18.012 $17.572 

FTE 58 70 67 

 
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JUSTIFICATION BY FUNCTION 

Overview 

The Commission fulfills its mission through three main functions: 

1. Administrative Law Judge Function 

2. Commission Review Function 

3. Commission Support Function 

Dollars in thousands FY 2023 

Enacted 

FY 2024 

C.R. 

FY 2025 

Request 

Function

FTE Budget 

Authority FTE Budget Authority FTE Budget Authority

Administrative Law Judge 35 $9.893 42 $9.893 39 $10.228 

Commission Review 19 $5.756 22 $5.756 15 $3.934 

Commission Support 4 $2.363 6 $2.363 13 $3.410 

Total 58 $18.012 70 $18.012 67 $17.572 

The Administrative Law Judge (ALJ) function is led by the Chief Administrative Law Judge 

and provides trial-level adjudication by ALJs. ALJs 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 Commissioners and the Office of 

the General Counsel (OGC). OGC is led by the General Counsel. FMSHRC hears appeals 

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

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

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

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

petition. 

The Commission Support function is led by the Chief Operating Officer and supports the 

Commission through financial management, human resources, and information technology 

services. 

 
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Administrative Law Judge Function 

Dollars in thousands 

FY 2023 

Enacted 

FY 2024 

C.R. 

FY 2025 

Request

Budget Authority $9.893 $9.893 $10.228 

FTE 35 42 39 

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

Judge (OCALJ). FMSHRC employs ALJs to hear and decide contested cases at the trial 

level. The ALJs afford mine operators, miners, and their representatives a full opportunity 

to participate in the hearing process. FMSHRC ALJs are also responsible for evaluating 

and approving or denying settlement agreements proposed by the parties under the Mine 

Act. 

FMSHRC’s FY 2025 budget request includes the following strategic objective for the ALJ 

function: 

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

 FY 

2023 

FY 

2024 

FY 

2025 

Performance Goal Actual Target Target 

1.1.1 Average time from receipt to disposition of all 

cases. 

186 

days 

180 

days 

180 

days 

1.1.2 Average time from receipt to disposition of penalty 

cases. 

184 

days 

180 

days 

180 

days 

1.1.3 Percent of all cases on hand over 365 days in 

age. 10% 10% 10% 

FY 2025 

FMSHRC’s FY 2025 budget request includes $10.228 million and 39 FTEs for its 

Administrative Law Judge function. 

The FY 2025 request includes law clerks, management analysts, and legal assistants to 

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

case files and process and record documents filed with FMSHRC. 

FMSHRC established a pendency goal for trial level cases of 180 days for FY 2025. 

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

FMSHRC estimates that 1,573 trial level cases will be pending at the beginning of FY 

2025. FMSHRC anticipates that it will receive 2,250 new cases during FY 2025 and will 

dispose of 2,150 cases during the same period. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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FY 2024 

At the FY 2024 C.R. level, FMSHRC would receive $9.893 million and 42 FTEs for its 

Administrative Law Judge function. 

FMSHRC established a pendency goal for trial level cases of 180 days for FY 2024. 

At the beginning of FY 2024, 1,373 trial level cases were pending. FMSHRC anticipates 

that it will receive 2,300 new cases during FY 2024 and will dispose of 2,100 cases during 

the same period. 

FY 2023 

FMSHRC’s FY 2023 enacted budget included $9.893 million and 35 FTEs for its 

Administrative Law Judge function. 

FMSHRC established a pendency goal for trial level cases of 180 days for FY 2023. 

FMSHRC had 1,126 trial level cases pending at the beginning of FY 2023. FMSHRC 

received 2,280 new cases during FY 2023 and disposed of 2,033 cases during the same 

period. 

 Administrative Law Judge Function – Caseload Data 

FY 2023 FY 2024 FY 2025 

Actual Estimate Estimate 

Cases pending beginning of

year 

1126 1373 1573 

Assessment of civil 

penalty 939 1128 1327 

Notice of contest 155 203 207 

Discrimination and 

compensation 32 42 39 

Other 0 0 0 

New cases received 2280 2300 2250 

Assessment of civil 

penalty 1938 1984 1950 

Notice of contest 302 276 260 

Discrimination and 

compensation 40 40 40 

Other 0 0 0 

Total case workload 3406 3673 3823 

Assessment of civil 

penalty 2877 3112 3277 

Notice of contest 457 479 467 

Discrimination 

proceeding 72 82 79 

Other 0 0 0 
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Cases disposed 2033 2100 2150 

Assessment of civil 

penalty 1749 1785 1835 

Notice of contest 254 272 272 

Discrimination and 

compensation 30 43 43 

Other 0 0 0 

Cases pending end of year 1373 1573 1673 

Assessment of civil 

penalty 1128 1327 1442 

Notice of contest 203 207 195 

Discrimination and 

compensation 42 39 36 

Other 0 0 0 

Commission Review Function 

Dollars in thousands 

FY 2023 

Enacted 

FY 2024 

C.R. 

FY 2025 

Request

Budget Authority $5.756 $5.756 $3.934 

FTE 19 22 15 

The Commission Review function incorporates the responsibilities of the Commissioners 

and staff in the Office of the Chair and Commissioners (OCC) and the Office of the 

General Counsel (OGC) in the appellate review function. 

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

1. Substantive cases, which are cases in which a judge has issued a final or 

interlocutory decision on the merits and FMSHRC has granted a petition for review 

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

their own initiative. 

2. Default cases, which are cases where an operator has failed to timely contest a 

proposed penalty or to timely respond to a judge’s order and the operator has filed a 

motion to reopen the final order. 

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

the Mine Act. The Act states that an ALJ’s decision shall become final 40 days after its 

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

reviewed. Most substantive cases come before FMSHRC when two or more 

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

affected or aggrieved by the ALJ’s decision. FMSHRC may also consider an ALJ’s 
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interlocutory ruling under certain circumstances. 

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

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

limited to judges’ decisions that are contrary to law or FMSHRC policy, or that present a 

novel question of policy. 

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

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

average time required to reach decisions. Many of FMSHRC’s cases present issues of first 

impression under the Mine Act. That is, the cases raise issues that have not been resolved 

by prior decisions of FMSHRC or the courts. Many cases involve the interpretation of 

safety and health standards and regulations promulgated by MSHA. 

OGC is responsible for conducting the initial research in substantive cases and sometimes, 

when requested, will prepare the draft opinions for Commissioners. Each Commissioner is 

assigned an attorney advisor, who reports directly to the individual Commissioner and 

assists with research and preparation of opinions. The OGC attorneys also perform other 

duties, such as responding to FOIA requests, ethics counseling and training, and review of 

financial disclosure forms. In addition, OGC is primarily responsible for formulating and 

drafting FMSHRC’s rulemaking initiatives. 

FMSHRC has established the following strategic objectives for FMSHRC Commission 

Review function: 

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

 FY 2023 FY 2024 FY 2025

Performance Goal Actual Target Target

1.2.1 Average time from direction for review to 

issuance of decision. 

12 

months 

12 

months 

12 

months 

1.2.2 Average time from briefing completion to 

issuance of decision. 

9 

months 

9 

months 

9 

months 

1.2.3 Percent of cases on hand over 18 months in age. 29% 20% 20% 

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

manner

 FY 2023 FY 2024 FY 2025

Performance Goal Actual Target Target 

1.3.1 Average time from receipt of the motion to 

issuance of final order. 

145 

days 

120 

days 

120 

days 
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FY 2025 

FMSHRC’s FY 2025 budget request includes $3.934 million and 15 FTEs for its 

Commission Review function. 

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

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

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

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

within an extremely short timeframe. Commissioners’ workload also includes deciding 

whether to accept petitions for discretionary review, which by statute must generally be 

granted or denied within approximately ten days. 

In FY 2025, it is expected that 78 substantive and default cases will be pending at the 

beginning of the year, and an estimated 65 new cases will be filed during the year. 

Approximately 60 dispositions are expected, of which an estimated 17 will be substantive 

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

contain 83 cases at the end of FY 2025. 

The legal proceedings involved in disposing of substantive cases are expected to average 

12 months. Therefore, the cases disposed of during the year would include cases that 

were received in a previous year but not disposed of that year (cases pending end of year), 

and new cases received during the current year. FMSHRC will continue to work 

expeditiously to achieve the goals for case backlog and pendency. 

FY 2024 

At the FY 2024 C.R. level, FMSHRC would receive $5.756 million and 22 FTEs for its 

Commission Review function. 

In FY 2024, a total of 71 substantive and default cases were pending at the beginning of 

the year, and an estimated 65 new cases will be filed during the year. Approximately 58 

dispositions are expected, of which an estimated 17 will be substantive cases and 41 will 

be default cases. It is anticipated that FMSHRC’s appellate docket will contain 78 cases at 

the end of FY 2024. 

FY 2023 

FMSHRC’s FY 2023 enacted budget included $5.756 million and 19 FTEs for its 

Commission Review function. 

In FY 2023, a total of 59 substantive and default cases were pending before the 

Commission at the beginning of the year. 68 new cases were filed during the year. 

56 dispositions took place, of which 13 were substantive and 43 were default cases. 

FMSHRC’s docket contained 71 undecided cases at the end of FY 2023. 

 
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 Commission Review Function – Caseload Data 

FY 2023 

Actual 

FY 2024 

Estimate 

FY 2025 

Estimate 

Cases pending beginning of year 59 71 78 

Substantive cases 7 17 21 

Default cases 52 54 57 

New cases received 68 65 65 

Substantive cases 18 21 21 

Default cases 50 44 44 

Total case workload 127 136 143 

Substantive cases 25 38 42 

Default cases 102 98 101 

Cases disposed 56 58 60 

Substantive cases 13 17 17 

Default cases 43 41 43 

Cases pending end of year 71 78 83 

Substantive cases 17 21 25 

Default cases 54 57 58 

Commission Support Function 

Dollars in thousands 

FY 2023 

Enacted 

FY 2024 

C.R. 

FY 2025 

Request

Budget Authority $2.363 $2.363 $3.410 

FTE 4 6 13 

The Chief Operating Officer oversees the Commission’s daily operations and leads the 

Commission Support Function, which provides administrative services to support FMSHRC 

in fulfilling its mission and strategic goals. The primary functions are financial management, 

human resources, and information technology services, in addition to procurement and 

contracting, facilities management, and general administrative service support. 

The financial management services function includes budget and accounting, such as 

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

payments. 

Human resources services include recruitment and placement, classification and pay 

administration, performance management and incentive awards, employee benefits and 

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

and employee assistance programs. 
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Information technology includes help-desk functions, network administration, Cybersecurity 

oversight and implementation, policy formulation, and telecommunications. 

Procurement and contracting include specific matters such as maintaining a simplified 

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

coordination of services and supplies. 

Facilities management includes property and space management, OSHA Compliance, 

emergency evacuation, and physical security. 

The Commission Support function’s other general administrative services include oversight 

and administration of employee travel authorizations and reimbursements and the metro 

subsidy program. 

FMSHRC has established the following strategic objectives for FMSHRC Commission 

Support function: 

Strategic Objective 2.1 – Modernize Information Technology infrastructure, 

resources, and capabilities. 

Strategic Objective 2.2 – Increase internal transparency. 

Strategic Objective 3.1 – Advance diversity, equity, inclusion, and accessibility. 

Strategic Objective 3.2 – Improve talent management. 

Strategic Objective 3.3 – Promote work-life programs. 

Performance measures will be established to track progress toward achieving these 

strategic objectives. 

FY 2025 

FMSHRC’s FY 2025 budget request includes 13 FTEs and $3.410 million for its 

Commission Support function. 

FY 2024 

At the FY 2024 C.R. level, FMSHRC would receive 6 FTEs and $2.363 million for its 

Commission Support function. 

FY 2023 

FMSHRC’s FY 2023 enacted budget included 4 FTEs and $2.363 million for its 

Commission Support function. 

 
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BUDGET TABLES 

Budget by Object Classification 

Dollars in thousands 

FY 2023 

Enacted 

FY 2024 

C.R. 

FY 2025 Budget 

Request 

Personnel Compensation 10.284 10.284 9.434 

Other than Full-Time Permanent 0 0 0 

Total, Personnel Compensation 10.284 10.284 9.434 

Personnel Benefits, Civilian 2.697 2.697 3.137 

Benefits to Former Employees .010 .010 .009 

Travel and Transportation of Persons .151 .151 .075 

Transportation of Things .011 .011 .001 

Rental Payments to GSA 1.875 1.875 1.530 

Communications, Utilities, and Misc. .807 .807 .232 

Printing and Reproduction .015 .015 .008 

Other Services 1.889 1.889 2.567 

Supplies and Materials .150 .150 .031 

Equipment .123 .123 .123 

Total 18.012 18.012 17.572 
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Personnel Summary 

FY 2023 

Enacted 

FY 2024 

C.R. 

FY 2025 

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-2 1 1 1 

AL-3 9 9 9 

Administrative Law Judges 10 10 10 

GS-15 7 8 7 

GS-14 5 5 5 

GS-13 6 8 8 

GS-12 4 3 6 

GS-11 4 10 6 

GS-9 13 15 12 

GS-8 1 1 1 

GS-7 1 3 5 

General Schedule 41 53 50 

Total Permanent Full-Time Positions 58 70 67 

 
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Appropriations and FTE History 

Fiscal Year Budget Estimate 

to Congress 

House 

Allowance 

Senate 

Allowance Appropriation FTE1

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

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

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

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

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

2013 16,000,000 -- -- 16,683,007 74 

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

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

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

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

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

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

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

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

2022 17,539,000 -- -- 17,184,000 65 

2023 18,012,000 -- -- 18,012,000 58 

2024 18,012,000 -- -- -- 70* 

2025 17,572,000 -- -- -- 67* 

*Estimated FTE Level 

1 FTE for FY 2013 and before representing 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.