II 118th CONGRESS 2d Session S. 3734 IN THE SENATE OF THE UNITED STATES February 5, 2024 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To require submission of the National Security Strategy and the budget of the President before the President may deliver the State of the Union address.

1. Short title This Act may be cited as the Send Us Budget Materials and International Tactics In Time Act or the SUBMIT IT Act . 2. Definitions In this Act— (1) the term National Security Strategy means the report described in section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ); and (2) the term President’s Budget Request means the materials that are described in section 1105 of title 31, United States Code, and are required to be submitted to Congress on or before the first Monday in February under section 300 of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 ). 3. Findings Congress finds the following: (1) Article II, section 3 of the Constitution of the United States states that the President shall from time to time give to the Congress Information of the State of the Union . (2) Though not constitutionally required, it has become customary for the President to deliver a State of the Union Address to a joint session of the Congress assembled in the Hall of the House. (3) The President is statutorily required to transmit to Congress certain information that supports congressional deliberations on annual budget, appropriations, and security legislation, and those reports are due around the time the President customarily delivers a State of the Union Address. (4) Section 300 of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 ) requires that the President submits his budget on or before the First Monday in February. Section 1105 of title 31, United States Code, sets other requirements for the President’s Budget Request. (5) Section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) states that The President shall transmit to Congress each year a comprehensive report on the national security strategy of the United States , which shall be transmitted on the date on which the President submits to Congress the budget for the next fiscal year . The National Security Strategy proposal provides a framework for defense, military, intelligence, nuclear, diplomacy, and development strategies. (6) Congress has received budget requests from President Joseph Biden 116, 49, and 31 days late for fiscal years 2022, 2023, and 2024, respectively, from President Donald Trump 38, 7, 35, and 7 days late for fiscal years 2018, 2019, 2020, and 2021, respectively, from President Barack Obama an average of 17.5 days late and ranging from on time twice to 65 days late, and from President George W. Bush on time except, for the fiscal year 2002 request. (7) Congress received a National Security Strategy from President Biden on October 12, 2022, from President Trump on December 18, 2017, from President Obama on May 26, 2010, and February 6, 2015, and from President Bush on March 16, 2006, and on September 17, 2002. (8) One submission of a National Security Strategy per presidential term with variable timing is inconsistent with the President’s statutory mandate under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ). (9) Each year that President Bush, Obama, Trump, or Biden has given a State of the Union address, he has done so prior to submitting the President’s Budget Request and the National Security Strategy. 4. State of the Union to follow the budget and security submissions (a) Statement of policy Neither the leadership of the Senate nor the leadership of the House of Representatives may invite the President to deliver a State of the Union Address to a joint session of Congress until the President has transmitted, and Congress has received, the National Security Strategy and the President’s Budget Request for the subsequent fiscal year. (b) Conforming amendment Section 300 of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 ) is amended in the table by striking the item relating to the First Monday in February and inserting the following: First Monday in February President submits budget request prior to delivering any State of the Union address. .