The Postsecondary and Regulatory Service is under the direction of a Deputy General Counsel who reports directly to the General Counsel. The Deputy General Counsel supervises and coordinates the work of two Divisions, each of which is headed by an Assistant General Counsel:

The Postsecondary Education Division provides legal services for postsecondary education programs administered by the Office of Postsecondary Education and the Office of Federal Student Aid.

In performing its responsibilities, the Division:

• Provides services required by the Department in connection with court litigation, including development of litigation positions, preparation of documents for submission in court, and explanation of cases to the Department of Justice.

• Provides formal and informal legal advice to various units in the Office of the Secretary, the Office of Postsecondary Education, the Office of Federal Student Aid (including its regional offices), and other units within the Department.

• Drafts or reviews drafts of legislation, regulations, preambles, responses to public comment, and other supporting documents, and participates in public hearings necessary for the development of regulations for the Department.

• Provides legal services required by the Department relating to the conduct of administrative proceedings (such as audit appeals and limitation, termination, and suspension proceedings), including presentation of cases before the Administrative Law Judges or other responsible presiding officers.

• Provides advice and serves as a special resource with respect to individual student loan default cases and bankruptcy cases.

The Regulatory Services Division leads and manages the development of the Department's regulations and other regulatory documents published in the Federal Register.

In performing its responsibilities, the division:

• Ensures, by establishing policies and standards, by providing guidance and interpretations, and by monitoring and evaluating regulatory activities, that the Department is effectively and expeditiously developing necessary regulatory documents within the requirements of the law.

• Develops policies, systems, methods, and procedures for the development, review, and approval of the Department’s regulatory documents.

• Executive Order 12866, and other government wide requirements.

• Ensures that all regulatory documents conform to the policies and requirements of the Department, the Office of the Federal Register, and the Office of Management and Budget (OMB) and serves as liaison to OMB on all regulatory matters and matters relating to non-regulatory guidance.

• Assists the General Counsel in advising the Secretary on regulatory matters and on specific regulations.

• Drafts and reviews drafts of regulations, other documents published in the Federal Register, non-regulatory guidance, and other relevant documents.