Waiver of Statutes of Limitations in Connection With Claims Against the Department of Agriculture

Headnotes: 

The Supreme Court’s decision in Irwin v. Department of Veterans Affairs made no alteration in the fundamental rules governing waivers of sovereign immunity in a ctions against the United States. Irwin and the cases following it therefore provide no support for the novel conclusion that the executive branch has the discretion to dispense with a congressionally mandated statute of limitations in litigation or the compromise of claims. Unless Congress provides to the contrary, adherence to the relevant statute of limitations remains a strict and non-waivable condition on suits against the federal government.

Enactment of legislation authorizing the payment of claims barred by the statute of limitation s under the Equal Credit Opportunity Act is the necessary and constitutionally appropriate means of satisfying such claims.

Updated July 9, 2014