Subsection (d) of this section was derived from section 1903(c)(2) of the former Appendix to this title, which was amended by Pub. L. 109–241, title III, § 303, July 11, 2006, 120 Stat. 527. For applicability of that amendment to this section, see section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title. Section 1903(c)(2) of the former Appendix to this title was amended by striking the last two sentences and inserting the following: “The response of a foreign nation to a claim of registry under subparagraph (A) or (C) [now subpar. (A) or (C) of par. (1) of subsec. (d) of this section] may be made by radio, telephone, or similar oral or electronic means, and is conclusively proved by certification of the Secretary of State or the Secretary’s designee.”

In subsection (b)(2), before subparagraph (A), the words “individual who is a citizen of the United States” are substituted for “a citizen or national of the United States” because of the definition of “citizen of the United States” in chapter 1 of the revised title. The words “or a territory, commonwealth, or possession of the United States” and “the District of Columbia, or any territory, commonwealth, or possession of the United States” are omitted as unnecessary because of the definition of “State” in chapter 1 of the revised title.

In subsection (b)(3), the words “placed under foreign registry, or operated under the authority of a foreign nation” are substituted for “placed under foreign registry or foreign flag” because of the definition of “foreign vessel” in chapter 1 of the revised title.

In subsection (d)(1)(B), the word “authorized” is substituted for “empowered” for consistency with subsection (b)(2)(B).