APPLICATION OF ACT.

SEC. 2102. APPLICATION OF ACT. (a) In General.— Section 3(a) of the Act to Prevent Pollution from Ships is amended to read as follows: “(a) This Act shall apply— “(1) to a ship of United States registry or nationality, or one operated under the authority of the United States, wherever located; “(2) with respect to Annexes I and II to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters of the United States; “(3) with respect to the requirements of Annex V to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters or the exclusive economic zone of the United States; and “(4) with respect to regulations prescribed under section 6 of this Act, any port or terminal in the United States.”. (b) Exclusions.— Section 3(b) of the Act to Prevent Pollution from Ships is amended to read as follows: “(b) (1) Except as provided in paragraph (2), this Act shall not apply to— “(A) a warship, naval auxiliary, or other ship owned or operated by the United States when engaged in noncommercial service; or “(B) any other ship specifically excluded by the MARPOL Protocol. “(2) (A) Notwithstanding any provision of the MARPOL Protocol, and subject to subparagraph (B) of this paragraph, the requirements of Annex V to the Convention shall apply after 5 years after the effective date of this paragraph to a ship referred to in paragraph (1)(A). “(B) This paragraph shall not apply during time of war or a declared national emergency.”. (c) Regulations.— Section 3(c) of the Act to Prevent Pollution from Ships is amended to read as follows: “(c) The Secretary shall prescribe regulations applicable to the ships of a country not a party to the MARPOL Protocol, including regulations conforming to and giving effect to the requirements of Annex V as they apply under subsection (a) of section 3, to ensure that their treatment is not more favorable than that accorded ships to parties to the MARPOL Protocol.”.