FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

CONGRESSIONAL BUDGET JUSTIFICATION 

AND 

ANNUAL PERFORMANCE PLAN 

FISCAL YEAR 2024 

MARCH 13, 2023 
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 .................................................................................................................................13

COMMISSION SUPPORT FUNCTION .............................................................................................................................. 17

BUDGET TABLES .....................................................................................................................................................19

BUDGET BY OBJECT CLASSIFICATION ........................................................................................................................ 19

PERSONNEL SUMMARY ................................................................................................................................................20

APPROPRIATIONS AND FTE HISTORY ......................................................................................................................... 21
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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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 five-member 

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. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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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 

The Commission 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. 

 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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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

Tammy Russell

Executive Director

(Acting)
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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BUDGET REQUEST SUMMARY 

Request 

FMSHRC is requesting a budget level of $18.657 million in FY 2024 to support the full-time 

equivalent (FTE) of 76 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). 

Federal Mission Resilience 

In FY 2022, FMSHRC hired a Director of Information Technology (IT) and created a 

dedicated IT work unit. The Director of IT currently serves as the Chief Information Officer 

(CIO) and Chief Security Officer (CISO) and is an integral player in ensuring Continuity of 

Operations (COOP) and Disaster Recovery (DR) plans are maintained. FMSRHC plans to 

diversify these two positions (CIO/CISO) by adding a dedicated IT Security Specialist in FY 

2023 to help manage CISO responsibilities. 

Electronic Records 

The agency’s official files are in electronic format. Through the implementation of its 

electronic case management system (eCMS), the Office of the Chief Administrative Law 

Judge (OCALJ) created and maintains a paperless docket office. 

Enterprise Infrastructure Solutions Transition 

FMSHRC continues to engage with the General Services Administration (GSA) to 

transition off of GSA’s network, Washington Interagency Telecommunications Systems 

(WITS) 3. Through a Memorandum of Understanding (MOU) with GSA, FMSHRC 

extended its deadline to transition by May 31, 2024, as required. 

Strengthening the Talent Pipeline for Early Career Talent through Internship 

Improvements 

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 recruits from law schools across the country and through various recruitment 

programs to ensure that there is a diverse pool of candidates from which to hire new 

attorneys and interns. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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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 along 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, modernization of the public facing 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. 

Diversity Equity Inclusion and Accessibility 

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 will 

implement 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. 

 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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APPROPRIATIONS LANGUAGE 

Salaries and Expenses 

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

[$18,012,000] $18,657,000. (Departments of Labor, Health and Human Services, and 

Education, and Related Agencies Appropriations Act, 2023.)

Authorizing Legislation (containing indefinite authority) 

Federal Mine Safety and Health Act of 1977, as amended (30 U.S.C. § 801 et seq.) 

FY 2022 

Enacted

FY 2023 

Enacted

FY 2024

Request

Budget Authority $17.539 $18.012 $18.657 

FTE 59 65 76 

 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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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 

FY 2022 

Enacted 

FY 2023 

Enacted 

FY 2024 

Request 

Function

FTE 

Budget 

Authority FTE 

Budget 

Authority FTE 

Budget 

Authority

Administrative Law Judge 36 $9.649 39 $9.893 43 $9.900 

Commission Review 18 $5.671 20 $5.756 22 $5.988 

Commission Support 5 $2.219 6 $2.363 11 $2.769 

Total 59 $17.539 65 $18.012 76 $18.657

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 carried out by the Office of the Executive Director 

(OED) and the Chief Operating Officer (COO), who collectively provide financial 

management, human resources, procurement and contracting, information technology, 

facilities, and other general administrative support. 

 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Administrative Law Judge Function 

FY 2022 

Enacted

FY 2023 

Enacted

FY 2024 

Request

Budget Authority $9.649 $9.893 $9.900 

FTE 36 39 43 

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 2024 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 2022 FY 2023 FY 2024 

Performance Goal Actual Target Target 

1.1.1 Average time from receipt to disposition of all 

cases 

185 

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 17% 20% 20% 

FY 2024 

FMSHRC’s FY 2024 Budget includes $9.900 million and 43 FTEs for its Administrative 

Law Judge function. 

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

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

FMSHRC estimates that 1,276 trial level cases will be pending at the beginning of FY 

2024. FMSHRC anticipates that it will receive 2,424 new cases during FY 2024 and will 

dispose of 2,333 cases during the same period. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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FY 2023 

FMSHRC’s FY 2023 budget level included 39 FTEs and $9.893 million for the 

Administrative Law Judge function. FMSHRC anticipates operating at a level of 39 FTEs 

during FY 2023 for this function. 

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

anticipates that it will receive 2,260 new cases during FY 2023 and will dispose of 2,110 

cases during the same period. 

FY 2022 

FMSHRC’s FY 2022 budget level for its Administrative Law Judge function was $9.649 

million and that office had a year-end total of 36 actual FTEs. 

There were 1,001 trial level cases pending at the beginning of FY 2022. FMSHRC 

received 2,155 new cases during FY 2022 and disposed of 2,030 cases during the same 

period. 

 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Administrative Law Judge Function – Caseload Data 

FY 2022 FY 2023 FY 2024 

Actual Estimate Estimate 

Cases pending beginning of year 1001 1126 1276 

Assessment of civil penalty 854 939 1071 

Notice of contest 109 155 169 

Discrimination and compensation 32 28 30 

Other 6 4 6 

New cases received 2155 2260 2424 

Assessment of civil penalty 1827 1916 2046 

Notice of contest 298 303 340 

Discrimination and compensation 22 33 30 

Other 8 8 8 

Total case workload 3156 3386 3700 

Assessment of civil penalty 2681 2855 3117 

Notice of contest 407 458 509 

Discrimination proceeding 54 61 60 

Other 14 12 14 

Cases disposed 2030 2110 2333 

Assessment of civil penalty 1742 1784 1990 

Notice of contest 252 289 303 

Discrimination and compensation 26 31 32 

Other 10 6 8 

Cases pending end of year 1126 1276 1367 

Assessment of civil penalty 939 1071 1127 

Notice of contest 155 169 206 

Discrimination and compensation 28 30 28 

Other 4 6 6 

 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Commission Review Function 

FY 2022 

Enacted

FY 2023 

Enacted

FY 2024 

Request

Budget Authority $5.671 $5.756 $5.988 

FTE 18 20 22 

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 

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 preparing 

draft opinions for Commissioners. Each Commissioner is assigned an attorney advisor, 

who reports directly to the individual Commissioner and assists with research and 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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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 2022 FY 2023 FY 2024

Performance Goal Target 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 20% 20% 20% 

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

 FY 2022 FY 2023 FY 2024

Performance Goal Target Target Target 

1.3.1 Average time from receipt of the motion to 

issuance of final order 

120 

days 

120 

days 

120 

days 

FY 2024 

FMSHRC’s FY 2024 budget request includes 22 FTEs and $5.988 million 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 2024, it is expected that 71 substantive and default cases will be pending at the 

beginning of the year, and an estimated 48 new cases will be filed during the year. 

Approximately 42 dispositions are expected, of which an estimated 12 will be substantive 

cases and 30 will be default cases. It is anticipated that FMSHRC’s appellate docket will 

contain 71 cases at the end of FY 2024. 

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

twelve months. Therefore, the cases disposed of during one year include both cases that 
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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 2023 

FMSHRC’s FY 2023 budget request includes 20 FTEs and $5.756 million for its 

Commission Review function. 

In FY 2023, 65 substantive and default cases were pending at the beginning of the year. 

An estimated 48 new cases will be filed during the year. Approximately 42 dispositions are 

expected, of which an estimated 12 will be substantive cases and 30 will be default cases. 

It is anticipated that FMSHRC’s appellate docket will contain 71 cases at the end of FY 

2023. 

FY 2022 

FMSHRC’s FY 2022 budget level included 18 FTEs and $5.671 million for its Commission 

Review function. 

In FY 2022, a total of 33 substantive and default cases were pending before the 

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

Twenty-eight dispositions took place, of which 7 were substantive and 21 were default 

cases. FMSHRC’s docket contained 65 undecided cases at the end of FY 2022. 

 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Commission Review Function – Caseload Data 

FY 2022 

Actual 

FY 2023 

Estimate 

FY 2024 

Estimate 

Cases pending beginning of year 

33 65 71 

Substantive cases 7 14 14 

Default cases 26 51 51 

New cases received 60 48 48 

Substantive cases 12 12 12 

Default cases 48 36 36 

Total case workload 93 113 113 

Substantive cases 19 26 26 

Default cases 74 87 87 

Cases disposed 28 42 42 

Substantive cases 7 12 12 

Default cases 21 30 30 

Cases pending end of year 65 71 71 

Substantive cases 14 14 14 

Default cases 51 57 57 

 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Commission Support Function 

FY 2022 

Enacted

FY 2023 

Enacted

FY 2024 

Request

Budget Authority $2.219 $2.363 $2.769 

FTE 5 6 11 

The FY 2023 Congressional Budget Justification detailed plans to restructure the Office of 

Executive Director (OED) in FY 2022 to address evolving Commission needs. This 

workforce reshaping effort is still underway. Resultantly, OED and the Chief Operating 

Officer (COO) collectively provide Commission Support. 

The Office of the Executive Director (OED) provides administrative services to support 

FMSHRC’s accomplishment of its mission and strategic goals. The primary functions are 

financial management, human resources, procurement and contracting, 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 services cover 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 services include maintaining a simplified 

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

coordination of services and supplies. Other general administrative services provided by 

OED include the administration of employee travel authorizations and reimbursements and 

the Metro subsidy program. 

During FY 2022, the following functions were transitioned out of OED and placed directly 

under the COO: information technology and facilities management. The COO and 

underlying functions currently exist under the “Commission Review” program area but will 

transition to the “Commission Support” program area by FY 2024.Information technology 

entails help-desk functions, network administration, cybersecurity, policy formulation, and 

telecommunications. Facilities management services cover property and space 

management, organization management, and physical security. 

In FY 2022 and prior years, there were no performance measurements for administrative 

operations. However, the 2022-2026 Strategic Plan 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. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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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 2024 

FMSHRC’s FY 2024 budget request includes 11 FTEs and $2.769 million for its 

Commission Support function. 

FY 2023 

FMSHRC’s FY 2023 budget level included 6 FTEs and $2.363 million for its Commission 

Support function. 

FY 2022 

FMSHRC’s FY 2022 level included 5 FTEs and $2.219 million for its Office of the 

Executive Director function. 
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BUDGET TABLES

Budget by Object Classification 

FY 2022 

enacted 

FY 2023 

estimated 

FY 2024 

estimated 

Personnel Compensation 9.920 10.284 10.795 

Other than Full-Time Permanent 0 0 0 

Total, Personnel Compensation 9.920 10.284 10.796 

Personnel Benefits, Civilian 2.698 2.697 2.789 

Benefits to Former Employees .010 .010 .008 

Travel and Transportation of Persons .151 .151 .151 

Transportation of Things .011 .011 .011 

Rental Payments to GSA 1.875 1.875 1.897 

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

Printing and Reproduction .015 .015 .016 

Other Services 1.721 1.889 1.888 

Supplies and Materials .150 .150 .165 

Equipment .181 .123 .136 

Total 17.539 18.012 18.657 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

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Personnel Summary 

2022 Actual 2023 Estimate 2024 Request 

Executive Level III 1 1 1 

Executive Level IV 2 4 4 

Executive Schedule 3 5 5 

ES 2 2 2 

Senior Executive Service 2 2 2 

AL-2 1 1 1 

AL-3 10 9 9 

Administrative Law Judges 11 10 10 

GS-15 7 7 7 

GS-14 5 5 6 

GS-13 6 7 10 

GS-12 9 8 11 

GS-11 2 3 6 

GS-9 13 12 13 

GS-8 1 1 1 

GS-7 0 5 5 

General Schedule 43 48 59 

Total Permanent Full-Time Positions 59 65 76 

 
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 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 59 

2023 18,012,000 -- -- 18,012,000 65* 

2024 18,657,000 -- -- 76* 

*Estimated FTE Level 

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.