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FHWA Order M1100.1.A

Order
Subject
FHWA Delegations and Organization Manual: Part I: Delegations of Authority
Classification Code Date:  
M1100.1A July 7, 2006 CHAPTER 1. GENERAL

This chapter has been updated to correct outdated organization and position titles and to make limited editorial changes. The need for more substantive content changes will be evaluated during the course of a future review of the chapter.


PART I. DELEGATIONS OF AUTHORITY

CHAPTER 1. GENERAL

Table of Contents

POLICY

  1. DEFINITION
  2. DECENTRALIZATION
  3. DELEGATION AND REDELEGATION OF AUTHORITIES
  4. CONTROLS
  5. DEPUTIES
  6. EXERCISE OF AUTHORITY
  7. RESIDUAL AUTHORITIES

RESPONSIBILITIES

  1. ASSOCIATE ADMINISTRATORS, CHIEF COUNSEL, CHIEF FINANCIAL OFFICER, PROGRAM MANAGER OF THE ITS/JPO, DIRECTORS OF FIELD SERVICES, RESOURCE CENTER DIRECTOR, DIVISION ADMINISTRATORS, AND FEDERAL LANDS HIGHWAY DIVISION ENGINEERS
  2. DELEGATING OFFICIALS
  3. DELEGATES
  4. OFFICE OF INFORMATION AND MANAGEMENT SERVICES

PROCESSING, DOCUMENTATION, AND DISTRIBUTION

  1. PROCESSING
  2. DOCUMENTATION
  3. DISTRIBUTION
  4. REFERENCES

SECTION 1. POLICY

Paragraph

  1. DEFINITION. For the purpose of this Manual, the term "delegation of authority" means the act of empowering an employee of the FHWA to execute in his/her own name a specific authority or power lawfully vested in the delegating official.

  2. DECENTRALIZATION. Authority delegated in this Part shall be redelegated to the maximum extent compatible with effective direction and control and as close as possible to the point where functions are performed and decisions actually made.

  3. DELEGATION AND REDELEGATION OF AUTHORITIES. The line of authority, with respect to any delegation within the FHWA to an Associate Administrator, Chief Counsel, Chief Financial Officer, Program Manager of the Intelligent Transportation Systems Joint Program Office (ITS/JPO), Director of Field Services, Resource Center Director, Division Administrator, or Federal Lands Highway Division Engineer shall flow directly from the Administrator. The Administrator's delegated authorities may not be redelegated, except as specifically directed or authorized herein, in which case successive redelegations shall be confined to the organizational jurisdiction of the Administrator's delegate. However, this shall not be construed as preventing any delegate from redelegating authority during his/her absence from official station to an assistant.

  4. CONTROLS. Authority redelegated by appropriate officials is subject to their policy direction and coordination and to such restrictions as the redelegating officials deem appropriate. A redelegation of authority does not relieve the redelegating official of overall responsibility for control over policy, review of operations, standardization of procedures and methods, and in the final analysis, performance stemming from exercise of the delegated authority.

  5. DEPUTIES. Personnel who occupy deputy positions are authorized to act for and exercise the delegated authority of their principals in the absence of the principals and as otherwise directed by the principals. This authority does not include the authority to redelegate the authority of the principal.

  6. EXERCISE OF AUTHORITY.

    1. All authorities lawfully vested in the Administrator and reserved to him/her in this Manual or other FHWA directives may be exercised by the Deputy Administrator or the Executive Director unless specifically prohibited. All authorities lawfully vested in the Deputy Administrator and reserved to him/her in this Manual or other FHWA directives may be exercised by the Executive Director unless specifically prohibited.

    2. In exercising the authorities delegated or redelegated herein, Associate Administrators, Chief Counsel, Chief Financial Officer, Program Manager of the ITS/JPO, Directors of Field Services, Resource Center Director, Division Administrators, Federal Lands Highway Division Engineers, and their respective delegates shall be governed by all applicable laws, executive orders, and regulations and by policies, objectives, plans, standards, procedures, and limitations as may be issued from time to time by or on behalf of the Secretary or the Administrator.

    3. Policies and procedures that are relative to and amplify the specific authorities delegated herein, including the responsibilities of approving officials, may be found in directives developed and issued within the framework of appropriate DOT and FHWA directives systems.

  7. RESIDUAL AUTHORITIES. Authorities not specifically delegated to FHWA officials or reserved to the Administrator herein, including the authority to redelegate, may be exercised by Associate Administrators, Chief Counsel, Chief Financial Officer, Program Manager of the ITS/JPO, Directors of Field Services, Resource Center Director, Division Administrators, Federal Lands Highway Division Engineers, and their delegates to the extent necessary to carry out their official responsibilities and duties as documented in Part II of this Manual.

SECTION 2. RESPONSIBILITIES

  1. ASSOCIATE ADMINISTRATORS, CHIEF COUNSEL, CHIEF FINANCIAL OFFICER, PROGRAM MANAGER OF THE ITS/JPO, DIRECTORS OF FIELD SERVICES, RESOURCE CENTER DIRECTOR, DIVISION ADMINISTRATORS, AND FEDERAL LANDS HIGHWAY DIVISION ENGINEERS are responsible for initiating proposed changes to the Administrator's delegated authorities which pertain to their respective functional responsibilities.

  2. DELEGATING OFFICIALS are responsible for:

    1. documenting and notifying delegates in writing of redelegations of authority, which notification shall include reference to applicable corresponding policy and procedural guidelines;

    2. assuring that the exercise of delegated authority is adequately controlled and correct, in accordance with the provisions of paragraph 4 and subparagraph 6b of this Chapter; and

    3. giving maximum effect to the FHWA policy of decentralization of authority in accordance with paragraph 2 of this Chapter, including, but not limited to, such measures as (1) recommending, where deemed appropriate, additional delegations of authority and/or relaxation of existing Washington Headquarters controls, and (2) reviewing on an annual basis existing redelegations and controls in their respective jurisdictions to determine whether further redelegations or removal of controls will promote the implementation of FHWA policy.

  3. DELEGATES are responsible for exercising authority delegated to them in accordance with the applicable provisions of Section 1 of this Chapter.

  4. OFFICE OF INFORMATION AND MANAGEMENT SERVICES is responsible for:

    1. developing an overall FHWA delegations of authority system, maintaining a general surveillance over the system, and recommending improvements as required;

    2. coordinating and developing action recommendations on proposed delegations of authority from the Administrator submitted by FHWA officials;

    3. conducting continuous post review of delegations and redelegations of authority to evaluate (1) conformance with FHWA policy as set forth in Section 1 of this Chapter, and (2) consistency with existing functional alignments and responsibilities; and

    4. maintaining an official repository of FHWA delegations of authority from the Administrator to Headquarters and field officials.

SECTION 3. PROCESSING, DOCUMENTATION, AND DISTRIBUTION

  1. PROCESSING.

    1. All proposed delegations of authority from the Administrator to subordinate official(s) will be forwarded by memorandum to the Associate Administrator for Administration from the initiating official (Section 2, paragraph 10). The memorandum shall include an explanation for the proposed action.

    2. The Associate Administrator for Administration, through the Office of Information and Management Services, will coordinate the proposal with affected elements, document the proposal in the format of this Manual, and transmit the new or revised page(s), along with evidence of coordination, to the Administrator for his/her review and action.

  2. DOCUMENTATION.

    1. Delegations of Authority from the Administrator. The Administrator's delegations of authority to the Deputy Administrator, Executive Director, Associate Administrators, Chief Counsel, Chief Financial Officer, Program Manager of the ITS/JPO, Directors of Field Services, Resource Center Director, Division Administrators, and Federal Lands Highway Division Engineers shall be documented for incorporation into Part I of this Manual so as to show clearly:

      1. (1) the delegate by approved organization title;

      2. (2) a succinct description of the delegated authority;

      3. (3) any limitations placed on the exercise of the authority (such as prior clearance); and

      4. (4) permission or direction to redelegate, and any limitation thereon, as applicable.

    2. Redelegations of Authority from Associate Administrators, Chief Counsel, Chief Financial Officer, Program Manager of the ITS/JPO, Directors of Field Services, Resource Center Director, Division Administrators, and Federal Lands Highway Division Engineers. Successive redelegations of authority, delegated in the first instance by the Administrator as documented in Part I, shall be made in writing, and a copy of each such redelegation shall be provided to the delegate for his/her information and appropriate use.

  3. DISTRIBUTION.

    1. Change Transmittal. Approved delegations of authority from the Administrator will be issued electronically as a change to the FHWA Delegations and Organization Manual that is posted on the “Directives and Policy Memorandums” page of FHWA’s worldwide website. The Manual change will transmit appropriate changes and additions to the Manual and will (1) state the purpose of the change and (2) explain the delegation change or additions.

    2. Effective Date. The date shown on the related transmittal is the effective date of any new or modified actions.

  4. REFERENCES.

    1. References to the source of authority and to policy and procedural issuances affecting implementation of the authority should be cited with each delegation in this Part to the extent practicable.

    2. Standard citations and abbreviations may be used in documenting these references. Examples of citations that may be used are listed below:

      1. (1) 23 U.S.C. 101 (means United States Code, Title 23, Section 101).

      2. (2) 23 CFR 630.112 (means Code of Federal Regulations, Title 23, Section 630.112). Note: When citing the CFR, the corresponding FAPG, if any, should also be cited.

      3. (3) OMB A-76 (means Office of Management and Budget Circular No. A-76).

      4. (4) FPMR 101‑25.3 (means Federal Property Management Regulations, Part 101‑25, Subpart 25.3).

      5. (5) FAR 15.406.1 (means Federal Acquisition Regulations, Part 15, Subpart 4, Section 6, Subsection 1).

      6. (6) FAPG 1‑1‑1‑1 (means Federal‑Aid Policy Guide, Volume 1, Chapter 1, Section 1, Subsection 1).

      7. (7) PMM 9‑2‑1 (means Personnel Management Manual, Chapter 9, Section 2, Subsection 1).

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