Page:United States Statutes at Large Volume 107 Part 2.djvu/647

 PUBLIC LAW 103-160—NOV. 30, 1993 107 STAT. 1597 (B) If not, whether design changes or operational changes can be made to the Brilliant Eyes space-based sensor system that^ (i) will result in the sensor system, when employed in co]:\junction with the planned ground-based radar system. and its ground-based interceptors, being in compliance with the ABM Treaty; and (ii) will not prevent the sensor system from performing its strategic defense missions with a high degree of effectiveness. (C) If not, whether the Brilliant Eyes space-based sensor system can be made, through design changes or operational changes, for use only with theater missile defense systems and 1^ in compliance with the ABM Treaty. (D) If so, the extent to which deployment of the Brilliant Eves space-based sensor system would enhance the capability of upper-tier theater defense systems and lower-tier theater defense systems, respectively. (d) LIMITATIONS ON FUNDING PENDING SUBMISSION OF REPORT.—(1) Not more than 50 percent of the funds reported pursuant to section 231(e) to be allocated for fiscal year 1994 for a system or system upgrade specified in subsection (b)(2) may be obligated for that system or system upgrade, or any of its components, until the Secretary completes the compliance review of such system or system upgrade required by subsection (b) and submits to the appropriate congressional committees the report on the results of the compliance review of that system or system upgrade as required by subsection (c). (2) Funds appropriated to the Department of Defense for fiscal year 1994, or othervdse made available to the Department of Defense from any funds appropriated for fiscal year 1994 or for any fiscal year biefore 1994, may not be obligated or expended— (A) for any development or testing of anti-ballistic missile systems or components except for development and testing consistent with the interpretation of the ABM Treaty set forth in the enclosure to the July 13, 1993, ACDA letter; or (B) for the acquisition of any material or equipment (including long lead mattirials, components, piece parts, or test equipment, or any modified space launch vehicle) required or to be used for the development or testing of anti-ballistic missile systems or components, except for material or equipment required for development or testing consistent with the interpretation of the ABM Treaty set forth in the enclosure to the July 13, 1993, ACDA letter. (e) DEFINITIONS. — In this section: (1) The term "July 13, 1993, ACDA letter" means the letter dated July 13, 1993, from the Acting Director of the Arms Control and Disarmament Agency to the chairman of the Committee on Foreign Relations of the Senate relating to the correct interpretation of the ABM Treaty and accompanied by an enclosure setting forth such interpretation. (2) The term "ABM Treaty" means the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missiles, signed in Moscow on May 26, 1972. (3) The term "appropriate congressional committees" means—

�