109 STAT. 1020 CONCURRENT RESOLUTIONS-^TUNE 29, 1995 would increase the deficit for any one of the three applicable time periods as measured in paragraphs (5) and (6). (2) APPLICABLE TIME PERIODS.— For purposes of this subsection the term "applicable time period" means any one of the three foliowin|f periods: (A) The first year covered by the most recently adopted concurrent resolution on the buaget. (B) The period of the first five fiscal years covered by the most recently adopted concurrent resolution on the budget. (C) The period of the five fiscal years following the first five fiscal years covered in the most recently adopted concurrent resolution on the budget. (3) DIRECT-SPENDING LEGISLATION.—For purposes of this subsection and except as provided in paragraph (4), the term "direct-spending legislation" means any bill, joint resolution, amendment, motion, or conference report that affects direct spending as that term is defined by and interpreted for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. (4) EXCLUSION. —For purposes of this subsection, the terms "direct-spending legislation" and "revenue legislation" do not include— (A) any concurrent resolution on the budget; or (B) any provision of legislation that affects the full funding of, and continuation of, the deposit insurance gruarantee commitment in effect on the date of enactment of the Budget Enforcement Act of 1990. (5) BASELINE. —Estimates prepared pursuant to this section shall— (A) use the baseline used for the most recently adopted concurrent resolution on the budget; and (B) be calculated under the requirements of subsections (h) through (d) of section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 for fiscal years beyond those covered by that concurrent resolution on the budget. (6) PRIOR SURPLUS.—I f direct spending or revenue legislation increases the deficit when taken individually, then it must also increase the deficit when taken together with all direct spending and revenue legislation enacted since the beginning of the calendar year not accounted for in the baseline under paragraph (5)(A), except that the direct spending or revenue effects resulting from legislation enacted pursuant to the reconciliation instructions included in that concurrent resolution on the budget shall not be available. (c) WAIVER. —This section may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. (d) APPEALS.— Appeals in the Senate from the decisions of the Chair relating to any provision of this section shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.
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