110 STAT. 232 PUBLIC LAW 104-106—FEB. 10, 1996 system upgrade, or system component with the ABM Treaty is based upon current technology. (b) SENSE OF CONGRESS CONCERNING COMPLIANCE POLICY. — It is the sense of Congress that— (1) unless a missile defense system, system upgrade, or system component (including one that exploits data from spacebased or other external sensors) is flight tested in an ABM- qualifying flight test (as defined in subsection (e)), that system, system upgrade, or system component has not, for purposes of the ABM Treaty, been tested in an ABM mode nor been given capabilities to counter strategic ballistic missiles and, therefore, is not subject to any application, limitation, or obligation under the ABM Treaty; and (2) any international agreement that would limit the research, development, testing, or deployment of missile defense systems, system upgrades, or system components that are designed to counter modern theater ballistic missiles in a manner that would be more restrictive than the compliance criteria specified in paragraph (1) should be entered into only pursuant to the treaty making powers of the President under the Constitution. (c) PROHIBITION ON FUNDING. —Funds appropriated or otherwise made available to the Department of Defense for fiscal year 1996 may not be obligated or expended to implement an agreement, or any understanding with respect to interpretation of the ABM Treaty, between the United States and any of the independent states of the former Soviet Union entered into after January 1, 1995, that— (1) would establish a demarcation between theater missile defense systems and anti-ballistic missile systems for purposes of the ABM Treaty; or (2) would restrict the performance, operation, or deploy- ment of United States theater missile defense systems. (d) EXCEPTIONS.— Subsection (c) does not apply— (1) to the extent provided by law in an Act enacted after this Act; (2) to expenditures to implement that portion of any such agreement or understanding that implements the policy set forth in subsection (b)(1); or (3) to expenditures to implement any such agreement or understanding that is approved as a treaty or by law. (e) ABM-QuALiFYiNG FLIGHT TEST DEFINED. — For purposes of this section, an ABM-qualifying flight test is a flight test against a ballistic missile which, in that flight test, exceeds (1) a range of 3,500 kilometers, or (2) a velocity of 5 kilometers per second. SEC. 236. BALLISTIC MISSILE DEFENSE COOPERATION WITH ALLIES. It is in the interest of the United States to develop its own missile defense capabilities in a manner that will permit the United States to complement the missile defense capabilities developed and deployed by its allies and possible coalition partners. Therefore, the Congress urges the President— (1) to pursue high-level discussions with allies of the United States and selected other states on the means and methods by which the parties on a bilateral basis can cooperate in the development, deployment, and operation of ballistic missile defenses;
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