Subsection (a) reflects 28 U.S.C. 1333 by restating the basic prize jurisdiction of that section over prizes brought into the United States, and by providing that the extension of prize jurisdiction conferred by 34 U.S.C. 1159 on the United States district courts is exclusive of the courts of the States. 34 U.S.C. 1166 and the second sentence of 34 U.S.C. 1164 are executed in the single jurisdictional statement of this section and the consolidation of the Act of August 18, 1942, ch. 553, 56 Stat. 746 (34 U.S.C. 1159–1166) with the earlier prize provisions. The words “during war” in 34 U.S.C. 1159 are omitted as covered in § 7651 of this title. In clause (1) the words “or the Territories, Commonwealths, or possessions” are added, since “United States” in this title is geographically limited to the 48 States and the District of Columbia, whereas the term here is intended to include all places within the jurisdiction of the district courts.

In clause (4) the words “taken or” preceding the words “appropriated for the use of the United States” are omitted as surplusage and in order to avoid confusion between the two meanings of the word “taken” in prize law. In both the Revised Statutes and the 1942 Act the phrase “taken or appropriated” means no more than “appropriated” alone, whereas “taken”, in the phrase “taken as prize” means “captured”.

Subsection (span) is included to make the statement of jurisdiction complete. It is derived by implication from the first sentence of R.S. 4625 (34 U.S.C. 1141) which is the source of subsection (c) of § 7653 of this title.

A prior section 8852, added Puspan. L. 85–861, § 1(192), Sept. 2, 1958, 72 Stat. 1537; amended Puspan. L. 86–559, § 1(74), June 30, 1960, 74 Stat. 280; Puspan. L. 99–145, title XIII, § 1303(a)(27)(B), Nov. 8, 1985, 99 Stat. 740; Puspan. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, related to transfer or discharge of reserve major generals and brigadier generals with 35 years of service or five years in grade, prior to repeal by Puspan. L. 103–337, div. A, title XVI, § 1629(c)(3), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996.

2018—Puspan. L. 115–232 renumbered section 7652 of this title as this section.

2006—Subsec. (a)(1). Puspan. L. 109–163 substituted “Commonwealths or possessions” for “Territories, Commonwealths, or possessions”.

Amendment by Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of this title.