CONCURRENT RESOLUTIONS—MAY 12, 1994 108 STAT. 5093 paragraph (2)) as measured pursuant to paragraphs (4) and (5). (2) APPLICABLE TIME PERIODS.— For purposes of this subsection, the term "applicable time period" means any one of the three following periods— (A) the first fiscal year covered by the most recently adopted concurrent resolution on the budget; (B) the period of the 5 fiscal years covered by the most recently adopted concurrent resolution on the budget; or (C) the period of the 5 fiscal years following the first 5 years covered by the most recently adopted concurrent r - • resolution on the budget. (3) DIRECT-SPENDING OR RECEIPTS LEGISLATION. —For purf)oses of this subsection, the term "direct-spending or receipts egislation" shall— (A) include any bill, joint resolution, amendment, motion, or conference report to which this subsection other- r - wise applies; (B) exclude concurrent resolutions on the budget; (C) exclude full funding of, and continuation of, the.. deposit insurance guarantee commitment in effect on the date of enactment of the Budget Enforcement Act of 1990; (D) exclude emergency provisions so designated under - section 252(e) of the Balanced Budget and Emergency Defi- v cit Control Act of 1985; (E) include the estimated amount of savings in directspending programs applicable to that fiscal year resulting from the prior year's sequestration under the Balanced ^:. Budget and Emergency Deficit Control Act of 1985, if any (except for any amounts sequestered as a result of a net * - deficit increase in the fiscal year immediately preceding the prior fiscal year); and (F) except as otherwise provided in this subsection, - include all direct-spending legislation as that term is inter- - preted for purposes of the Balanced Budget and Emergency . Deficit Control Act of 1985. (4) BASELINE,—Estimates prepared pursuant to this section shall use the baseline used for the most recent concurrent resolution on the budget, and for years beyond those covered v. by that concurrent resolution, shall abide by the requirements of section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985, except that references to "outyears" in > that section shall be deemed to apply to any year (other than the budget year) covered by any one of the time periods defined in paragraph (2) of this subsection. (5) PRIOR SURPLUS AVAILABLE. — If direct-spending or receipts legislation increases the deficit when taken individually (as a bill, joint resolution, amendment, motion, or conference report, as the case may be), then it must also increase the deficit when taken together with all direct-spending and receipts legislation enacted after the date of enactment of the Omnibus Budget Reconciliation Act of 1993, in order to violate the prohibition of this subsection. (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.
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