PURPOSE: To issue a revision to the Federal Highway Administration’s (FHWA) section of the U.S. Department of Transportation (DOT) Organization Manual.

CANCELLATION: This Order cancels DOT Order 1100.63e, DOT Organization Manual, FHWA, dated July 1, 2024.

BACKGROUND: The FHWA was created on October 15, 1966, after having had several predecessor organizations. It was established as a segment of DOT on April 1, 1967. Representing the Federal interest in the Nation's highway transportation system, FHWA was comprised of entities transferred from the Bureau of Public Roads (previously the Office of Road Inquiry), and the National Highway Safety Bureau within the U.S. Department of Commerce and the Bureau of Motor Carrier Safety within the Interstate Commerce Commission.

REFERENCES: DOT Order 1320.16D, DOT Directives System, dated January 19, 2021.

EXPLANATION OF CHANGES: This change restructures and realigns functions to improve the overall operations and to enhance the efficiency and effectiveness of FHWA offices and programs, and better position FHWA to meet statutory requirements of the historic 2021 Bipartisan Infrastructure Law (BIL). In addition, the manual reflects editorial and administrative edits for consistency and to align with the Agency’s overall restructuring.

Documented below is information addressing the overall FHWA restructuring and realignment. These changes are included in the FHWA section of the DOT Organization Manual.

• a. The Office of Research, Development, and Technology (HRT) is being restructured and functions realigned to improve Agency operations and efficiencies:

  • 1) The Office of Corporate Research, Technology, and Innovation Management (HRTM) provides leadership and direction in building collaborative research and technology partnerships with national and international stakeholders, develops communication outreach strategies for engaging transportation users and stakeholders in technology and innovative delivery, and provides technical expertise and guidance to Congress and their staff members in developing and analyzing legislation and regulatory requirements. The Office was allocated a Tier B Senior Executive Service (SES) Director level position but was never filled. The office is being abolished and FHWA is repurposing this Tier B SES allocation. The programs/functions are being realigned to the following HRT offices.

  • 2) The Exploratory Advanced Research Program, the Small Business Innovation Research Program, and the Technology Transfer Assistance function are being realigned under the Associate Administrator for HRT, with oversight by the Chief Scientist. There is no impact to the Tier A SES position of Associate Administrator for HRT.

    The Intergovernmental Coordination, Liaisons and Partnerships, and Corporate Program Delivery functions are being realigned to the Office of Resource Management which will be retitled the Office of Research Services. This office is led by a GS-15.

• b. The Office of Chief Counsel (HCC) is being restructured and functions realigned to meet increased demands and the Agency’s legal mission requirements. The HCC currently has a Non-Career Chief Counsel and two-tier B SES positions (Deputy Chief Counsel and an Assistant Chief Counsel). Due to a dramatic rise in discretionary grants programs, increase in litigation and the complexity in legal issues, the FHWA combines the current Program Legal Services Division with the four current DFS Field Legal Services Divisions to establish a new Program and Project Legal Services Division. The FHWA also identified the need for repurposing the HRTM Tier B SES allocation to add a new SES position to HCC for the new division, Assistant Chief Counsel for Program and Project Legal Services. The FHWA will be recruiting to fill this new SES position. In addition, a new Administration Division led by a GS-14/15 and comprised of all non-Attorney and Paralegal staff is being established within HCC.

  Other HCC divisions/executive positions are being restructured and functions internally realigned:

  • 1) The Legislation, Regulations, and General Law Division is being restructured and renamed the Administrative Law Division. The Federal Lands legal services unit and the attorneys in the Administration and Operations unit will be realigned into the Administrative Law Division. The Tier B SES position, Assistant Chief Counsel for Legislation, Regulations, and General Law will be abolished and repurposed to establish the new Tier B SES position of Assistant Chief Counsel for Administrative Law. The current SES incumbent will be reassigned to the new Tier B SES position.

  • 2) The Deputy Chief Counsel will gain one Tier B SES direct report and one GS-14/15 Administration Division direct report and will be impacted by the realignment of functions. The position description is being updated to reflect the changes within the organization.

On March 1, 2024, the DOT Executive Resources Board approved the FHWA restructure, realignment of functions, abolishment and repurpose of the SES positions outlined above.

Shailen P. Bhatt Administrator