III 

118TH CONGRESS 

2D SESSION S. CON. RES. 28 

Expressing the sense of Congress regarding the authority of the President 

to use appropriate and necessary force to liberate United States citizens 

being held by Hamas. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 13 (legislative day, FEBRUARY 12), 2024 

Mr. SCOTT of South Carolina (for himself and Mr. WICKER) submitted the 

following concurrent resolution; which was referred to the Committee on 

Foreign Relations 

CONCURRENT RESOLUTION 

Expressing the sense of Congress regarding the authority 

of the President to use appropriate and necessary force 

to liberate United States citizens being held by Hamas. 

Whereas Hamas, an Iranian-backed terrorist organization, 

carried out a coordinated series of surprise terrorist attacks against Israel on October 7, 2023; 

Whereas, during the attacks of October 7, 2023, Hamas brutally claimed the lives of more than 1,200 Israelis and 

foreign nationals, including 35 United States citizens; 

Whereas, during the attacks of October 7, 2023, Hamas took 

an estimated 240 Israelis and foreign nationals hostage; 

Whereas, after a temporary pause in hostilities in November 

2023, during which some hostages were released in exVerDate Sep 11 2014 18:54 Feb 15, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SC28.IS SC28

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•SCON 28 IS 

change for the release of Palestinian prisoners, Hamas 

continues to hold approximately 130 people hostage in 

Gaza, including 6 United States citizens; 

Whereas the hostages who were released from Gaza in November 2023 have provided harrowing reports of the brutality they faced at the hands of Hamas terrorists, including starvation, sexual assault, and other forms of torture; 

Whereas Presidential Policy Directive 30, issued on June 24, 

2015, states, ‘‘The United States will use every appropriate resource to gain the safe return of U.S. nationals 

who are held hostage. But the United States Government 

will make no concessions to individuals or groups holding 

U.S. nationals hostage.’’; 

Whereas article II of the Constitution of the United States 

empowers the President, as Commander-in-Chief, to direct the use of military force in self-defense, including the 

defense of United States citizens; 

Whereas section 2(c) of the War Powers Resolution (50 

U.S.C. 1541(c)) further states that the article II powers 

of the President, as Commander-in-Chief, to introduce 

the Armed Forces into situations of hostilities or imminent hostilities can be exercised in the event of ‘‘national 

emergency created by attack upon the United States, its 

territories or possessions, or its Armed Forces.’’; 

Whereas Executive Order No. 14078 (relating to bolstering 

efforts to bring hostages and wrongfully detained United 

States nationals home), issued on July 19, 2022, declared a national emergency to address the ‘‘unusual and 

extraordinary threat to the national security, foreign policy, and economy of the United States’’ posed by the 


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•SCON 28 IS 

wrongful detention and hostage-taking of United States 

citizens and other persons abroad; and 

Whereas, since 1980, the United States has utilized military 

force at least ten times for the rescue or attempted rescue of United States citizens and other persons held hostage overseas: Now, therefore, be it 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That it is the sense of Congress that— 

3 (1) the act by Hamas of taking United States 

4 citizens hostage on October 7, 2023, constitutes an 

5 attack on the United States and its citizens; 

6 (2) the President has the authority under arti7 cle II of the Constitution of the United States to use 

8 appropriate and necessary force to liberate United 

9 States citizens being held hostage by Hamas; and 

10 (3) such authority should be utilized. 

Æ 


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