[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 28 Introduced in Senate (IS)]

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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 exchange 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 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
    Resolved by the Senate (the House of Representatives concurring), 
That it is the sense of Congress that--
            (1) the act by Hamas of taking United States citizens 
        hostage on October 7, 2023, constitutes an attack on the United 
        States and its citizens;
            (2) the President has the authority under article II of the 
        Constitution of the United States to use appropriate and 
        necessary force to liberate United States citizens being held 
        hostage by Hamas; and
            (3) such authority should be utilized.
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