[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3734 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3734

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.


_______________________________________________________________________


                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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''.

SEC. 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).

SEC. 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.

SEC. 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.''.
 

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