An Act to amend the Renegotiation Act of 1951 to extend the act for 2 years, to modify the interest rate on excessive profits and on refunds, and to provide that the Court of Claims shall have jurisdiction of renegotiation cases
PL 92-41 (H.R.8311), enacted 07/01/1971

85 STAT. ] 
PUBLIC LAW 92-41-JULY 1, 1971 
97 
Public Law 92-41 
AN ACT 
July 1.1971 
To amend the Renegotiation Act of 1951 to extend the Act for two years, to 
[H. R. 83ii] 
modify the interest rate on excessive profits and on refunds, to provide that 
the Court of Claims shall have jurisdiction of renegotiation cases, and for 
other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled., 
Act^of I951, °" 
amendments; U.S. 
SECTION 1. TWO-YEAR EXTENSION. 
xa. court judges. 
Section 102(c)(1) of the Renegotiation Act of 1951 (50 U.S.C. 
App., sec. 1212(c)(1)) is amended by striking out "June 30, 1971'' 
^^ItTn^s' 
and inserting in lieu thereof "June 30, 1973". 
SEC. 2. MODIFICATION OF INTEREST RATE ON EXCES-
SIVE PROFITS AND ON REFUNDS. 
(a) Section 105(b)(2) of the Renegotiation Act of 1951, as 
amended (50 U.S.C. App., sec. 1215(b) (2)), is amended— 
76^stfr''34^' 
(1) by striking out the phrase "rate of 4 per centum per 
annum" each place it appears and inserting in lieu thereof "rate 
per annum determined pursuant to the next to the last sentence 
of this paragraph for the period which includes the date on 
which interest begins to run"; 
(2) by striking out the phrase "interest shall accrue and be 
paid" the second place it appears in subparagraph (A) and 
inserting in lieu thereof "interest at the same rate shall accrue 
and be paid"; and 
(3) by adding at the end thereof the following new sentences: 
"Interest shall accrue and be paid at a rate which the Secretary 
of the Treasury shall specify as applicable to the period beginning 
on July 1, 1971, and ending on December 31, 1971, and to each 
six-month period thereafter. Such rate shall be determined by 
the Secretary of the Treasury, taking into consideration current 
private commercial rates of interest for new loans maturing in 
approximately five years.". 
(b) Section 108 of the Renegotiation Act of 1951, as amended 
(50 U.S.C. Api:>., sec. 1218), is amended by striking out "at the rate of 
4 per centum per annum" in the last sentence and by inserting before 
the period at the end of such sentence "at the rate per annum deter-
mined pursuant to the next to the last sentence of section 105(b) (2) 
for the period which includes the date on which interest begins to run". 
(c) (1) The amendments made by subsection (a) shall apply only 
Effective date. 
with respect to amounts of excessive profits determined by the Rene-
gotiation Board and with respect to the amounts of additional 
excessive profits determined by the Tax Court or the Court of Claims 
after June 30, 1971. 
(2) The amendments made by subsection (b) shall apply only 
with respect to amounts finally adjudged or determined to have been 
erroneously collected after June 30, 1971, by the United States pur-
suant to a determination of excessive profits. 
98 
PUBLIC LAW 92-41-JULY 1, 1971 
[85 STAT. 
SEC. 3. JURISDICTION OF RENEGOTIATION CASES. 
(a) Section 108 of the Renegotiation Act of 1951, as amended 
65 Stat. 21. 
(50 TJ.S.C. App., sec. 1218), is amended— 
(1) by striking out in the first sentence thereof "The Tax Court 
of the United States" and inserting in lieu thereof "the Court 
of Claims"; 
(2) by striking out the following sentence: "For the purposes 
of this section the court shall have the same powers and duties, 
insofar as applicable in respect of the contractor, the subcon-
tractor, the Board, and the Secretary, and in respect of the 
attendance of witnesses and the production of papers, notice of 
hearings, hearing before divisions, review by the Tax Court of 
decisions of divisions, stenographic reporting, and reports of 
proceedings, as such court has under sections 1110, 1111, 1113, 
1114,1115(a), 1116,1117(a), 1118,1120, and 1121 of the Internal 
Revenue Code in the case of a proceeding to redetermine a defi-
ciency."; and 
(3) by striking out each place it appears therein "Tax Court" 
and inserting in lieu thereof "Court of Claims". 
76 Stat. 134. 
(j^) Sectioii 108A of such Act is amended to read as follows: 
50 u s e app. 
^ '' 
"SEC. 108A. REVIEW OF COURT OF CLAIMS DECISIONS. 
1218a. 
Supra. 
"The decisions of the Court of Claims under section 108 shall be 
subject to review by the Supreme Court upon certiorari in the manner 
62 Stat. 928. 
provided in section 1255 of title 28 of the United States Code for the 
review of other cases in the Court of Claims." 
sou^scapp.' 
(c) Section 114(5) of such Act is amended by striking out "Tax 
1224. 
* 
Court," and inserting in lieu thereof "Court of Claims, the United 
States Tax Court,". 
(d) Sections 103(f), 103(i), 105(a), 105(b), and 106(a) (6) of such 
65 Stat. 8,12, 
\ct are amended by striking out "The Tax Court of the United States" 
50 use app. 
or "the Tax Court" each place it appears therein and inserting in lieu 
1213.1215,1216. thereof "the Court of Claims". 
Effective date. 
(g^ 'pj^g amendments made by this section shall apply with respect 
to any case in which the time for filing a petition under section 108 of 
the Renegotiation Act of 1951 for a redetermination of an order 
of the Renegotiation Board determining an amount of excessive profits 
expires on or after the date of enactment of this Act. Any petition for a 
redetermination of an order of the Renegotiation Board which is filed 
with the United States Tax Court on or after the date of enactment of 
this Act and before the ninetieth day after such date of enactment shall 
be deemed to be filed with the Court of Claims and shall be trans-
ferred from the United States Tax Court to the Court of Claims within 
thirty days after the day it is so filed. Except as determined by the 
Chief Judge of the United States Tax Court as described hereinbelow, 
50 use a * 
^^^ cases arising under the Renegotiation Act of 1951 which are pend-
1211 note. 
' 
ing in the United State Tax Court on the date of enactment of this 
Act shall be transferred within thirty days after such date from the 
United States Tax Court to the Court of Claims. In any such case in 
which the Chief Judge of the United States Tax Court finds and deter-
mines that proceedings have progressed to the point that the case can 
be more expeditiously decided by the United States Tax Court than 
the Court of Claims, the Chief Judge by order entered within thirty 
days after the date of enactment of this Act shall direct that such 
Savings pro- 
case be retained by the United States Tax Court. The applicable 
v^si°"' 
provisions of the Renegotiation Act of 1951 as in effect prior to the 
amendments made by this section shall be applied with respect to any 
85 STAT. ] 
PUBLIC LAW 92-42-JULY 1, 1971 
99 
case under the Reiiei»:otiatioii Act of 1951 which at aiiv time was 
en f,*^^i' ^
* 
peiid]ii«>: 1
1
1 the L nited ^>tates lax Court and which is not transierred 1211. 
to the ('ouit of Chiinis pursuant to this subsection. 
SEC. 4. THE UNITED STATES TAX COURT. 
(a) The first sentence of section 7447(c) of the Internal Revenue 
Code of 1954 (rehiting to recalling of retired judges of the United 
^^^ ^*^*' 8
8
<
^
'
-
States Tax Court) is amended by striking out "Any individual who 
is receiving" and inserting in lieu thereof "'At or after his retirement, 
any individual who has elected to receive''. 
(h) Section 7448(m) of such Code (relating to computation of 
75 stat. 795. 
annuities of widows of Tax Court judges) is amended by striking out 
"11/4 percent of the average annual salary received by such judge for 
judicial service and any other prior allowable service during the last 
5 years of such service prior to his death, or prior to his receiving 
retired pay under section 7447(d), whichever first occurs, multiplied 
by the sum of his years of judicial service," and inserting in lieu 
thereof "I14 percent of the average annual salary (whether judge's 
salary or compensation for other allowable service) received by such 
judge for judicial service (including periods in which he received 
retired pay under section 7447(d)) or for any other prior allowable 
service during the period of 5 consecutive years in which he received 
the largest such average annual salary, multiplied by the sum of his 
veal's of such judicial service,". 
(c)(1) The amendment made by subsection (a) shall be effective 
Effective date 
as if included in the Internal Bevenue Code of 1954 on the date of its 
enactment. Provisions having the same effect as such amendment shall 
be treated as having been included in the Internal Revenue Code of 
1939 effective on and after August 7, 1953. 
(2) The amendment made by subsection (b) shall apply only with 
respect to judges of the United States Tax Court dying on or after 
the date of the enactment of this Act. 
Approved July 1, 1971. 
Public Law 92-42 
AN ACT 
^ . , 
,„,, 
July 1, 1971 
To amend section 402 of the Agricultural Trade Development and Assistance Act 
[H. R. 116I] 
of 1954, as amended, in order to remove certain restrictions against domestic 
wine under title I of such Act. 
Wine. 
Export sales. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 402 
of the Agricultural Trade Development and Assistance Act of 1954, expansion 
as amended (7 U.S.C. 1732), is amended by inserting after the first ®
° ^'^*- ^^^^ 
sentence thereof a new sentence as follows: "The foregoing proviso 
shall not be construed as prohibiting representatives of the domestic 
wine industry from j)articipatin^ in market development activities 
carried out w^ith foreign currencies made available under title I of 
this Act which have as their purpose the expansion of export sales of 
United States agricultural commodities." 
Approved July 1 , 1971. 
7 u s e 1701. 
75-432 O - 72 - 9