FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

 

CONGRESSIONAL BUDGET JUSTIFICATION 

AND 

ANNUAL PERFORMANCE PLAN 

FISCAL YEAR 2020 

MARCH 18, 2019 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

Table of Contents 

Fiscal Year 2020 Congressional Budget Justification and Annual Performance Plan 

Executive Summary ........................................................................................................ 1 

Mission ........................................................................................................................... 3 

Functions and Procedures ............................................................................................. 3 

Strategic Goals ............................................................................................................... 4 

Organization Chart .......................................................................................................... 5

Commission Members .................................................................................................... 6 

Appropriation Language .................................................................................................. 7 

Authorizing Legislation .................................................................................................... 7 

President’s Management Agenda ................................................................................... 8 

Justification by Function 

 General Statement .............................................................................................. 8 

 Activities 

 Administrative Law Judge Function .......................................................... 9 

 Commission Review Function ................................................................ 12 

 Office of the Executive Director Function ............................................... 17 

Tables 

 Budget Authority by Object Class ...................................................................... 19 

 Personnel Summary ........................................................................................... 20 

 Amounts Available for Obligation ...................................................................... 21 

 Summary of Changes by Budget Authority ....................................................... 21 

 Appropriations and Staffing History Table ......................................................... 22 

 

 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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

and legally sound adjudication of cases at the trial and appellate levels. To accomplish 

this mission, the Commission is requesting a budget level of $17,184,000 in FY 2020 to 

support the full-time equivalent (FTE) of 73 staff members. This budget is the same as 

the Commission’s FY2019 Enacted level. 

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 emergency response plans or the temporary reinstatement of 

a miner 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 circuit courts of appeals. 

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

Judges (OALJ). It is estimated the OALJ will receive 3,623 new cases for review in FY 

2020. It is estimated there will be 3,616 dispositions, and that the year-end balance will 

be 1,730 cases. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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We expect that the Commission will accept 61 new cases for appellate review by 

commissioners, including 20 substantive cases and 41 “default” cases.  The 

Commission projects 15 undecided substantive appellate-level cases on hand at the 

start of FY 2020. During FY 2020, it is expected that 20 substantive cases will be 

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

15. 

Resolving substantive cases is the primary focus of the resources of the five-member 

Commission and the Office of General Counsel (OGC). In deciding these 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 and resolves the disputed legal 

and factual issues raised to the Commission. 

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 referred to as “default” cases. 

 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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MISSION 

The Federal Mine Safety and Health Review Commission is an independent 

adjudicatory agency charged with resolving disputes arising from the enforcement of 

safety and health standards in the nation’s mines. Under its authorizing statute, the 

Mine Act, the Commission does not regulate the mining industry, nor does it enforce the 

Mine Act; those functions are delegated to the Secretary of Labor acting through MSHA. 

The Commission’s mission is to provide just, speedy, and legally sound adjudication of 

proceedings authorized under the Mine Act, thereby enhancing compliance with the Act 

and contributing to the improved health and safety of the nation’s miners. 

The scope of the Commission’s mission was expanded by the passage of the MINER 

Act in 2006. That statute amended the Mine Act and vested the Commission with the 

responsibility for resolving disputes over the contents of mine emergency plans adopted 

by underground coal mine operators and submitted to MSHA for review and approval. 

The MINER Act imposed tight deadlines on the Commission and its judges with respect 

to these proceedings, and the Commission has adopted procedural rules to implement 

those deadlines. 

FUNCTIONS AND PROCEDURES 

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

and appellate review of judges’ decisions by a five-member Commission appointed by 

the President and confirmed by the Senate. Most cases involve civil penalties assessed 

against mine operators by MSHA, and address whether or not the alleged safety and 

health violations occurred and if so, the degree of gravity and negligence involved. 

Other types of cases involve mine operators’ contests of mine closure orders, miners’ 

complaints of safety or health related discrimination, miners’ applications for 

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

MSHA and underground coal mine operators relating to those operators’ mine 

emergency plans. 

Once a case is filed with the Commission, it is referred to the Chief Administrative Law 

Judge (Chief Judge). Thereafter, litigants in the case must submit additional filings 

before the case is assigned to a judge. To expedite the decisional process, the Chief 

Judge may rule on certain motions and, where appropriate, issue orders of settlement, 

dismissal, or default. Otherwise, once a case is assigned to an individual judge, that 

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

hearing is necessary, the judge schedules and presides over the hearing, and issues a 

decision based upon the record. A judge’s decision becomes a final, non-precedential 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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

Commission. 

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

review decisions issued by judges when requested by a litigant, or it may, on its own 

initiative, direct cases for review. The Commission’s decisions are precedential, and 

appeals from the Commission’s decisions are heard in the federal courts of appeal. 

The Office of the Executive Director supports the above functions by providing budget 

and financial management, and administrative and technical services, including human 

resources and information technology, procurement and contracting, and facilities 

management. 

STRATEGIC GOALS 

The Commission has two strategic goals: 

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

cases 

Strategic Goal 2: Manage the Commission’s human resources, operations, 

facilities, and information technology systems to ensure a 

continually improving, effective, and efficient organization 

 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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KEY PERSONNEL 

ORGANIZATION CHART 

 

Arthur Traynor

Commissioner

Michael G. Young

Commissioner

Marco Rajkovich

Chairman

Mary Lu Jordan

Commissioner

William Althen

Commissioner

Michael A.

McCord

General Counsel

Timothy Greten

Senior Policy

Advisor

Vacant

Chief

Administrative

Law Judge

Lisa M. Boyd

Executive

Director
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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COMMISSION MEMBERS 

NAME TERM EXPIRATION 

 

Michael G. Young August 30, 2020 

 

Mary Lu Jordan August 30, 2020 

Arthur Traynor August 30, 2022 

Marco Rajkovich (Chairman) August 30, 2024 

William Althen August 30, 2024 

 

 

 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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APPROPRIATION LANGUAGE 

SALARIES AND EXPENSES 

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

$17,184,000. (Departments of Labor, Health and Human Services, and Education, and 

Related Agencies Appropriations Act, 2019.) 

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 2018

Actual

FY 2019 

Enacted 

FY 2020

Request

Budget Authority $16,371 $17,184 $17,184

Authorized FTE 76 73 73
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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PRESIDENT’S MANAGEMENT AGENDA 

The Commission will be launching or continuing initiatives incorporating the President’s 

Management Agenda in FY2020. These include: 

 Modernizing the Commission’s Information Technology infrastructure and 

software to accommodate 

o PIV-card access to key systems 

o Cybersecurity improvements 

o Software upgrades, including migrating to Microsoft Office 365 

 Continuing the publication of agency budget and performance metrics on our 

internet portal 

 Continuing to improve case pendency, with an emphasis on resolving any 

remaining older cases, to provide the quickest resolution possible to parties 

before the 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 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. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Summary by Function 

 Dollars in thousands 

 FY 2018 

Actual 

FY 2019 

Enacted FY 2020 Request 

Function FTE Actual FTE

Budget 

Authority FTE

Budget 

Authority

Administrative Law 

Judge 43 $9,650 43 9,956 43 9,956

Commission Review 25 $4,923 22 5,558 22 5,558

Office of Executive 

Director 8 $1,797 8 1,670 8 1,670

Total 76 $16,371 73 $17,184 73 $17,184

ADMINISTRATIVE LAW JUDGE FUNCTION 

Administrative Law Judge Function 

 

Dollars in thousands 

 

FY 2018

Actual

FY 2019 

Enacted 

FY 2020

Request

Budget Authority $9,650 $9,956 $9,956

FTE 43 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. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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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 2020

The Commission’s FY 2020 budget request includes 43 FTEs and $9,956,390 for OALJ. 

The FY 2020 request includes law clerks and legal assistants to support the judges, and 

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 

200 days for FY 2020. Pendency is the average time between receipt of a case and 

case disposition. 

The Commission estimates that 1,723 trial level cases will be pending at the beginning 

of FY 2020. New case filings are expected to remain steady from the FY 2019 level. As 

such, the Commission anticipates that it will receive 3,510 new cases during FY 2020, 

and will dispose of 3,616 cases during the same period. 

FY 2019

The Commission received a budget of $9,956,390 and 43 FTE for OALJ activities in FY 

2019. 

FY 2018 

The Commission’s actual expenditure for FY 2018 activities was $9,650,561 with 43 

FTE authorized. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Administrative Law Judge Function - 

Caseload Data 

 

FY 2018

Actual 

FY 2019

Estimate 

FY 2020 

Estimate 

Cases pending beginning of 

year 2,834 1,730 1,723 

 Assessment of civil 

penalty 2,380 1,312 1,260 

 Notice of contest 397 368 402 

 Discrimination and 

compensation 53 48 58 

 Other 4 2 3 

New cases received 3,510 3,623 3,623 

 Assessment of civil 

penalty 2,948 3,048 3,048 

 Notice of contest 491 500 500 

 Discrimination and 

compensation 57 60 60 

 Other 14 15 15 

Total case workload 6,344 5,353 5,346 

 Assessment of civil 

penalty 5,328 4,360 4,308 

 Notice of contest 888 868 902 

 Discrimination and 

compensation 110 108 118 

 Other 18 17 18 

Cases disposed 4,614 3,630 3,616 

 Assessment of civil 

penalty 4,016 3,100 3,100 

 Notice of contest 520 466 450 

 Discrimination and 

compensation 62 50 50 

 Other 16 14 16 

Cases pending end of year 1,730 1,723 1,730 

 Assessment of civil 

penalty 1,312 1,260 1,208 

 Notice of contest 368 402 452 

 Discrimination and 

compensation 48 58 68 

 Other 2 3 2 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Administrative Law Judge Function – Strategic Objectives

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

  

FY

2018

FY  

2018

FY

2019

FY

2020

Performance Goal Target Actual Target Target

1.1.1 Average time from receipt to disposition of all cases

290

days

257  

days

260

days

240

days

1.1.2 Average time from receipt to disposition of penalty

cases

280

days

257

days

250

days

235

days

1.1.3 Percent of all cases on hand over

365 days in age 15% 10% 10% 10%

COMMISSION REVIEW FUNCTION 

Commission Review Function 

Dollars in thousands 

 

FY 2018

Actual

FY 2019 

Enacted 

FY 2020

Request

Budget Authority $4,923 $5,558 $5,558

Authorized FTE 25 22 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 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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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. 

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

When the Commission lacks a quorum of commissioners, it cannot issue decisions 

(and as the Commission sometimes lacks a quorum, this may affect the average time 

required to reach decisions). Many cases involve the interpretation of safety and 

health standards and regulations promulgated by MSHA. Even more than 40 years 

after the Mine Act was enacted, Commission cases may present issues of first 

impression, involving points of law that have not been resolved by prior decisions of the 

Commission or the courts. 

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. Finally, since the dramatic expansion of the Commission’s workload beginning 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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in 2007, legal counsels for commissioners have served as both OGC attorneys and 

counsel or have served as counsel for more than one commissioner. 

The Commission has established the following strategic objective for the Commission 

review function. 

 Ensure timely issuance of decisions at the appellate level. 

FY 2020 

The Commission is requesting a budget of $5,557,525 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 orders in discrimination cases. Section 105(c)(2) of 

the Mine Act authorizes the Commission to order reinstatement “on an expedited basis” 

and to provide a hearing if the operator requests one. Pursuant to the Commission’s 

procedural rules, appeals of these types of decisions must be adjudicated within 20 

days of the judge’s order granting or denying reinstatement. 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 of 

being filed. 

In FY 2020, it is expected that 44 substantive and default cases will be pending before 

the Commission at the beginning of the year, and an estimated 61 new cases will be 

filed during the year. Approximately 62 dispositions are expected, of which an 

estimated 20 will be substantive cases and 42 will be default cases. Thus, it is 

anticipated that the Commission’s appellate docket will contain 43 undecided cases at 

the end of FY 2020. 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. 

FY 2019 

The Commission received a budget of $5,557,525 and 22 FTE for its appellate review 

activities in FY 2019. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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FY 2018 

The Commission’s actual expenditure for FY 2018 was $4,923,199 with 25 FTE 

authorized. 

Commission Review Function - Caseload Data 

 

FY 2018

Actual

FY 2019

Estimate

FY 2020 

Estimate 

Cases pending beginning of 

year 95 37 44 

 Substantive cases 21 9 15 

 Default cases 74 28 29 

New cases received 51 61 61 

 Substantive cases 14 20 20 

 Default cases 37 41 41 

Total case workload 146 98 105 

 Substantive cases 35 29 35 

 Default cases 111 69 70 

Cases disposed 109 54 62 

 Substantive cases 26 14 20 

 Default cases 83 40 42 

Cases pending end of year 37 44 43 

 Substantive cases 9 15 15 

 Default cases 28 29 28 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Commission Review Function – Strategic Objectives

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

   FY 2018 FY 2018 FY 2019 FY 2020

Performance Goal Target Result Target Target

1.2.1 Average time to issuance of decision

15

months

12  

months

12

months

12

months

1.2.2 Average time from briefing completion to issuance

of decision

9

months

9  

months

9

months

9

months

1.2.3 Percent of cases on hand over 18 months in age 20% 11% 15% 15%

        

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

   FY 2018 FY 2018 FY 2019 FY 2020

Performance Goal Target Result Target Target

1.3.1 Average time to issuance of final order

300

days

250

days

120

days

120

days

  

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

issuance of a decision
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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OFFICE OF THE EXECUTIVE DIRECTOR FUNCTION 

Office of the Executive Director Function 

Dollars in thousands 

 

FY 2018

 Actual

FY 2019 

Enacted 

FY 2020

Request

Budget Authority $1,797 $1,670 $1,670

FTE 8 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 hardware, software and network “help desk” functions, 

network administration, policy formulation, and telecommunications. 

Facilities management covers property and space management, organization 

management, and physical security. 

Other general administrative services provided by OED include the administration of 

employee travel authorizations and reimbursements and the Metro subsidy program. 

 

 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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The Commission has established the following strategic objectives for OED: 

 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 public’s resources. 

FY 2020 

The Commission is requesting an FY 2020 budget of $1,670,085 and 8 FTE. 

FY 2019 

The Commission received a budget of $1,670,085 and 8 FTE for its OED activities in FY 

2019. 

FY 2018 

The Commission’s actual expenditure for FY 2018 was $1,797,240 with 8 FTE 

authorized. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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TABLES 

Budget Authority by Object Class 

FY 2020 Budget Request by Object Class

Dollars in thousands         

  

FY 2018

Actual

FY 2019

Enacted

FY 2020

Request

Personnel Compensation 7,685 8,743 8,743

Other than Full‐Time Permanent 0 0 0

Total, Personnel Compensation 7,685 8,743 8,743

Personnel Benefits, Civilian 2,153 2,296 2,296

Benefits to Former Employees 7 10 10

Travel and Transportation of

Persons 146 166 166

Transportation of Things 7 10 10

Rental Payments to GSA 1,894 1,987 1,987

Communications, Utilities, and

Misc. 436 564 564

Printing and Reproduction 15 12 12

Other Services 3,271 3,004 3,004

Supplies and Materials 202 150 150

Equipment 555 242 242

Total 16,371 17,184 17,184
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Personnel Summary 

 2018 2019 2020

Authorized 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 12 11 11

Administrative Law Judges 13 12 12

GS-15 6 6 6

GS-14 5 5 5

GS-13 9 9 9

GS-12 19 16 16

GS-11 2 3 3

GS-9 4 4 4

GS-8 10 10 10

GS-7 0 0 0

GS-6 1 1 1

GS-5 0 0 0

General Schedule 56 54 54

Total Permanent Full-time Positions 76 73 73

Average Salaries 

 FY 2018

Actual

FY 2019

Enacted 

(Estimate)

FY 2020 

Request 

(Estimate) 

Average EX Salary $160,400 $160,609 $160,609 

Average ES Salary $173,300 $176,766 $176,766 

Average AL Salary $174,500 $177,990 $177,990 

Average GS Salary $95,322 $96,223 $96,223 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Amounts Available for Obligation 

(in millions) 

FY 2018 

Actual 

FY 2019 

Enacted 

FY 2020 

Request 

FTE Amount FTE Amount FTE Amount 

Appropriation, total 

estimated obligations 76 $16.371 73 $17.184 73 $17.184 

 

Summary of Changes by Budget Authority 

(in millions) 

Budget Authority FY 2018 

Enacted

FY 2019 

Enacted

FY 2020 

Request

Net Change 

(FY 2018 to FY 2019) 

Appropriations $17.184 $17.184 $17.184 $0 

Full-time Equivalent 76 73 73 (3) 

 

   
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Appropriations and FTE History 

Fiscal Year Budget Estimate 

to Congress 

House 

Allowance 

Senate 

Allowance Appropriation FTE1

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 -- -- 17,184,000 76 

2019 17,053,000 17,184,000 73 

2020 17,184,000 73 

 

                                                            

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.