A congressional resolution is a formal measure adopted by one or both chambers of Congress, and it comes in three types: simple, concurrent, and joint. Only joint resolutions carry the force of law and require the President’s signature. Simple and concurrent resolutions handle internal legislative business and don’t bind anyone outside the Capitol. Which path a resolution follows depends on which type it is and whether one or both chambers need to act.
Simple Resolutions
A simple resolution deals with matters that fall entirely within one chamber. House versions are labeled H.Res. followed by a number; Senate versions are labeled S.Res.1U.S. Senate. Types of Legislation Lawmakers use them to set or revise their chamber’s operating rules, create select committees, or handle other housekeeping that doesn’t involve the other body.
Simple resolutions also let a chamber go on record with a formal opinion, called a “sense of the House” or “sense of the Senate,” on subjects ranging from foreign policy to commemorating a historical figure. Those opinions carry political weight but no legal force. Because simple resolutions are internal to one chamber, they are never sent to the President and cannot create obligations that bind the public.2U.S. House of Representatives. Bills and Resolutions
Concurrent Resolutions
Concurrent resolutions, labeled H.Con.Res. or S.Con.Res., address matters that affect both chambers. They must pass the House and Senate in identical form.1U.S. Senate. Types of Legislation Even so, they are not presented to the President and do not have the force of law.2U.S. House of Representatives. Bills and Resolutions
The most consequential concurrent resolution Congress passes each year is the budget resolution. Federal law directs Congress to adopt a concurrent resolution setting overall spending and revenue targets for the upcoming fiscal year by April 15.3Office of the Law Revision Counsel. 2 US Code 632 – Annual Adoption of Concurrent Resolution on the Budget That resolution establishes ceilings for broad spending categories and projected revenue totals, giving committees a framework for writing the individual appropriations bills that actually fund the government. Because it is a concurrent resolution, the President has no formal role in approving or vetoing it. Other common uses include authorizing a joint session of Congress or scheduling a formal adjournment.
Joint Resolutions
Joint resolutions are the only type that can become binding law. Labeled H.J.Res. or S.J.Res., they follow the same path as a standard bill: passage in identical form by both chambers, then presentment to the President for signature.1U.S. Senate. Types of Legislation Once signed, a joint resolution is legally indistinguishable from an act of Congress.
Congress tends to reach for a joint resolution when a measure is temporary or narrowly targeted rather than a sweeping new statute. Emergency appropriations, temporary commissions, short-term exceptions to existing law, and terminations of national emergency declarations all commonly take this form. The War Powers Resolution of 1973, which limits how long a president can deploy troops without congressional authorization, was itself enacted as a joint resolution.4Office of the Law Revision Counsel. 50 USC Chapter 33 – War Powers Resolution That law requires the President to withdraw forces within 60 days unless Congress declares war or passes a specific authorization.
Proposing Constitutional Amendments
The one situation where a joint resolution bypasses the President entirely is a proposed constitutional amendment. Article V of the Constitution requires a two-thirds vote in both the House and the Senate to propose an amendment, and the President plays no part in the process.5Library of Congress. US Constitution – Article V
Once both chambers approve the resolution by a two-thirds margin, the original document goes to the Office of the Federal Register at the National Archives. Staff there publish the text and assemble an information package, and the Archivist sends formal notification to each state governor to begin ratification.6National Archives. Constitutional Amendment Process An amendment becomes part of the Constitution when three-fourths of the state legislatures approve it, or state ratifying conventions if Congress specifies that method.5Library of Congress. US Constitution – Article V After ratification is complete, the Archivist certifies and publishes the amendment.7Office of the Law Revision Counsel. 1 USC 106b – Amendments to the Constitution
Continuing Resolutions and Government Funding
When Congress and the President fail to agree on annual spending bills before the new fiscal year starts on October 1, the government faces a shutdown unless a stopgap measure fills the gap. That stopgap is almost always a continuing resolution. CRs are temporary joint resolutions that keep federal agencies funded, usually at the prior year’s spending levels, until Congress either passes full-year appropriations or lets the CR expire.8U.S. Government Accountability Office. What is a Continuing Resolution and How Does It Impact Government Operations
CRs can include targeted adjustments to the baseline funding level, such as changing how quickly an agency may spend its allocation, extending authority for a program that would otherwise lapse, or earmarking a specific dollar amount for a particular initiative. Occasionally Congress passes a full-year CR that funds the government for the rest of the fiscal year, which ends up functioning much like a regular appropriations act.8U.S. Government Accountability Office. What is a Continuing Resolution and How Does It Impact Government Operations Because a CR is a joint resolution, it requires passage by both chambers and the President’s signature, which is why funding standoffs can drag on.
Overturning Federal Regulations Under the Congressional Review Act
The Congressional Review Act gives Congress a fast-track tool for striking down federal agency rules before they take hold. Under the CRA, every federal agency must submit a copy of any new rule to both chambers and to the Comptroller General before the rule can take effect.9Office of the Law Revision Counsel. 5 USC 801 – Congressional Review Congress then has 60 legislative days to introduce and pass a joint resolution of disapproval. If the President signs that resolution, or if Congress overrides a veto, the rule is nullified, and the agency is barred from reissuing anything substantially the same.
The CRA’s real power lies in its Senate procedures. Normally, a single senator can filibuster legislation and force a 60-vote threshold. Under CRA rules, debate on a disapproval resolution is capped at 10 hours, no amendments are allowed, and a simple majority is all that’s needed to pass. A built-in lookback mechanism also lets an incoming Congress review rules submitted late in the previous session: if an agency submits a rule with fewer than 60 legislative days left, the clock resets on the 15th session day of the next Congress.10Office of the Law Revision Counsel. 5 USC 802 – Congressional Disapproval Procedure
How a Resolution Moves Through Congress
A member of Congress, acting as sponsor, introduces the resolution during a floor session. The measure receives a unique designation (H.Res. 101 or S.J.Res. 5, for example) and is referred to the committee that handles the relevant subject area.2U.S. House of Representatives. Bills and Resolutions This is where most resolutions quietly die. A chair who dislikes a measure can simply decline to schedule it.
When a committee does take up a resolution, it may hold hearings and then conduct a markup session where members propose and vote on changes to the text. If the committee approves it, the resolution goes to the full chamber for debate and a vote. For concurrent and joint resolutions, the second chamber follows the same steps. If the two chambers pass different versions, a conference committee works out a compromise, and both chambers vote on the conference report. Once identical language is adopted, the final text is signed by the Speaker of the House and the President of the Senate and sent along for the next step.
Presidential Action and Vetoes
Joint resolutions that are not constitutional amendments go to the President after enrollment. The President then has ten days, not counting Sundays, to either sign the resolution into law or return it to the originating chamber with written objections.11Library of Congress. Article I, Section 7, Clause 2 If the President does nothing and Congress remains in session, the resolution becomes law automatically after those ten days without any signature.
A different outcome occurs if Congress adjourns before the ten-day window expires. In that scenario, the President can kill the measure by simply not signing it, a move known as a pocket veto. Because the originating chamber is no longer in session to receive the President’s objections, the veto cannot be overridden.12Legal Information Institute. Constitution Annotated – Article I, Section 7, Clause 2 – The Veto Power The pocket veto only applies when Congress itself has adjourned; a short recess by one chamber while the other stays in session does not give the President this power.
When a President issues a regular veto, the resolution returns to Congress. To override, both the House and the Senate must repass the resolution by a two-thirds vote, with every member’s vote recorded by name in the official journal.11Library of Congress. Article I, Section 7, Clause 2 Successful overrides are rare, but the possibility keeps the veto from being an absolute kill switch on legislation Congress is determined to enact.