107 STAT. 1596 PUBLIC LAW 103-160—NOV. 30, 1993 (9) It is essential that the Secretary of Defense immediately undertake and complete a review for compliance with the ABM Treaty of proposed theater missile defense systems, system upgrades, and system components so as to not delay the development and deployment of such highly effective theater missile defense systems. (b) REQUIRED COMPLIANCE REVIEW.— (1) The Secretary of Defense shall review the current baseline configuration of each system or system upgrade specified in paragraph (2), and the system components, to determine whether the development, testing, or deployment of that system or system upgrade would be in compliance with the ABM Treaty, including the interpretation of the Treaty set forth in the enclosure to the July 13, 1993, ACDA letter. (2) The systems and system upgrades to be reviewed pursuant to paragraph (1) are the following: (A) The Patriot Multimode Missile. (B) The Extended Range Interceptor (ERINT). (C) The Ground-Based Radtu* for theater missile defenses (GBR-T). (D) The Theater High Altitude Area Defense interceptor missile (THAAD). (E) The Brilliant Eyes space-based sensor system. (F) Upgrades to the AEGIS/SPY radar system of the Navy. (G) Upgrades to the Standard Missile-2 (SM-2) interceptor of the Navy. Reports. (3) If during the course of the compliance review under paragraph (1) (or any other such compliance review of a ballistic missile system or system upgrade), an issue arises that appears to indicate ) that a provision of the ABM Treaty may limit research, development, testing, or deployment by the United States of highly effective theater missile defense systems capable of countering modern theater ballistic missiles, the Secretary of Defense shall immediately submit to the appropriate congressional committees a report on that issue. (c) REPORT.—(1) For each system and system upgrade specified in paragraph (2) of subsection (b), the Secretary shall submit to the appropriate congressional committees a report on the results of the review required by that subsection. A report may include the results of the reviews of more than one system and system upgrade. For any system or system upgrade determined not to be in compliance with the ABM Treaty, the Secretary shall indicate (A) what changes to the ABM Treaty would be required for the system to be deemed compliant with such modified ABM Treaty, and (B) what changes to the performance capability of the system or system upgrade would be required in order for it to become compliant with the existing Treaty, together with the effect of those performance capability changes on the effectiveness of the planned missile defense architecture. (2) With regard to the Brilliant Eyes space-based sensor system, the Secretary shall include in the report findings on each of the following issues: (A) Whether the current baseline configuration of the Brilliant Eyes space-based sensor system womd comply with the ABM Treaty if the system were used in coi\junction with the planned groimd-based radar system and its ground-based interceptors at Grand Forks, North Dakota.
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