Order Code RS22890
June 5, 2008
House Office of General Counsel
Matthew E. Glassman
Analyst on the Congress
Government and Finance Division
Summary
The Office of General Counsel of the House of Representatives provides legal
assistance and representation to Members, committees, officers, and employees of the
House of Representatives on matters pertaining to their official duties. These services
may include advising offices on confidentiality issues, release of constituent
information, requests from executive branch agencies, and the issuance and response to
subpoenas. The office is led by the House General Counsel, who is appointed by the
Speaker of the House in consultation with the Bipartisan Legal Advisory Group. The
professional staff of the office includes a deputy general counsel, five attorneys, and a
support staff. Services are provided upon request. For more information on the
legislative process, see [http://www.crs.gov/products/guides/guidehome.shtml].
Background and History
The Office of General Counsel was first established by resolution on April 9, 1992,1
and later incorporated into the rules of the House of Representatives adopted for the 103rd
Congress, on January 5, 1993.2 Prior to 1992, the General Counsel of the House was
located within the Clerk’s Office. Historically, the functions of the House General
Counsel were performed by the Counsel to the Clerk of the House, whose duties gradually
evolved from legal advisor to the Clerk to a general counsel for the House as a whole.
The position of Counsel to the Clerk was renamed House General Counsel in 1979.3
1 H.Res. 423, 102nd Congress.
2 H.Res. 5, 103rd Congress.
3 For further history of the development of the office, see Rebecca May Salokar, “Legal Counsel
for Congress: Protecting Institutional Interests,” Congress and the Presidency, vol. 20, no. 2
(Autumn 1993), pp. 133-138; and Charles Tiefer, “The Senate and House Counsel Offices:
Dilemmas of Representing in Court the Institutional Congressional Client,” Law & Contemporary
Problems, vol. 61, no. 2 (Spring 1998), pp. 47-60.

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Structure and Function
The office is led by the House General Counsel, who is appointed by the Speaker of
the House in consultation with the Bipartisan Legal Advisory Group, which comprises the
majority and minority leaderships. The professional staff of the office includes a deputy
general counsel, five attorneys, and a support staff.
The office provides legal assistance and representation to Members, committees,
officers, and employees of the House of Representatives on matters pertaining to their
official duties. House rules require that legal assistance and representation be provided
“without regard to political affiliation.” The work of the office typically includes
! providing legal advice and assistance to House committees in the
preparation and service of subpoenas;
! representing Members, committees, officers, and employees of the House
in judicial proceedings, both at trial and appellate levels;
! providing legal advice on privileges, such as Speech and Debate,
executive, Fifth Amendment, and attorney-client;
! providing legal advice and assistance to Members regarding
confidentiality of constituent information, Privacy Act concerns, and tax
exemptions; and
! providing legal advice regarding requests from executive branch
agencies.
The Office of General Counsel does not provide legal advice on employment and
labor issues, however, which fall within the jurisdiction of the Office of House
Employment Counsel in the Office of the Clerk. Similarly, routine leasing agreements for
automobiles and district offices are reviewed by the Administrative Counsel within the
Office of the Chief Administrative Officer.
The Office of General Counsel also represents the House itself in litigation, both in
cases in which the House is a party and as amicus curiae when the House has an
institutional interest. The General Counsel is authorized to appear before any court of the
United States, with the exception of the Supreme Court, “without compliance with any
requirements for admission to practice before such court.”4
Contact Information
Services of the office are provided upon request. Requests for assistance may be
made in person, in writing, by telephone (5-9700), or by fax (6-1360). The Office of
General Counsel is located in Room 219, Cannon House Office Building. Additional
information on the office’s policies, procedures, and services is available from the office’s
website at [http://generalcounsel.house.gov].
4 2 U.S.C. § 130(f).

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