In the United States Congress, a joint resolution is a legislative measure that requires approval by the Senate and the House and is presented to the President for his approval or disapproval. Generally, there is no legal difference between a joint resolution and a bill. Both must be passed, in exactly the same form, by both chambers of Congress, and then must — with one exception — be presented to the President and signed by him/her (or, re-passed in override of a presidential veto; or, remain unsigned for ten days while Congress is in session) to become a law. Only joint resolutions may be used to propose amendments to the United States Constitution and these do not require the approval of the President. Laws enacted by virtue of a joint resolution are not distinguished from laws enacted by a bill, except that they are designated as resolutions as opposed to acts (see for example War Powers Resolution).
While either a bill or joint resolution can be used to create a law, they are used differently in current usage. Bills are generally used to add, repeal, or amend laws codified in the United States Code or Public Laws of the United States (Statutes at Large), provide policy and program authorizations and twelve annual appropriations bills. Joint resolutions are generally used for, among other things:
- To authorize small appropriations;
- For continuing resolutions, which extend appropriation levels adopted in a prior fiscal year, when one or more of the twelve annual appropriations acts have been temporarily delayed from becoming law on time;
- To create temporary commissions or other ad hoc bodies (e.g., the 9/11 Commission);
- To create temporary exceptions to existing law, such as joint resolutions providing a day other than January 6 for counting electoral votes or providing for a Saxbe fix reducing the pay of an office so that a member of Congress may avoid the Ineligibility Clause;
- To declare war.
- To amend the Constitution of the United States.
- "Legislation, Laws, and Acts". United States Senate. Retrieved 2017-02-12.
- "Bills and Resolutions: Examples of How Each Kind Is Used" (PDF). US House of Representatives. 2004-12-07. Retrieved 2017-02-12.