I 

117TH CONGRESS 

2D SESSION H. R. 6811 

To permit civil actions against the United States or any State or local 

government entity for COVID–19 vaccination mandates. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 22, 2022 

Mrs. HARSHBARGER (for herself, Mr. BANKS, Mr. POSEY, Mr. LAMALFA, Mr. 

WEBER of Texas, Mr. BABIN, Mr. NORMAN, and Ms. HERRELL) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To permit civil actions against the United States or any 

State or local government entity for COVID–19 vaccination mandates. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Americans’ 

5 Medical Rights Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) Government-imposed COVID–19 vaccine 

9 mandates that threaten Americans’ jobs and liveliVerDate Sep 11 2014 22:02 Mar 01, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6811.IH H6811

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1 hoods are authoritarian, unnecessary, overreaching, 

2 irrational, and needlessly divisive, and lack a pur3 ported scientific basis for public health needs. 

4 (2) The policy of the United States is to recog5 nize, defend, and protect the inherent rights of the 

6 individual, including the right of liberty, the right to 

7 be secure in one’s person, the right of the individual 

8 to be informed about any medical procedures, treat9 ment, or vaccination, and the right of the individual 

10 to provide or withhold consent to such procedures, 

11 treatment, or vaccination. 

12 (3) Data from the Centers for Disease Control 

13 and Prevention (CDC) confirm that while COVID– 

14 19 vaccination can lessen the severity of illness for 

15 individuals in certain higher risk categories, it 

16 DOES NOT preclude Americans from contracting, 

17 spreading, or being hospitalized by the COVID–19 

18 virus. 

19 (4) As a medical matter, the COVID–19 vac20 cine may not be appropriate for everyone. Because 

21 of potential risks that COVID–19 vaccines may pose 

22 to certain people, it is important that every patient 

23 be able to consult his or her doctor or other medical 

24 health care provider to determine whether one of the 

25 COVID–19 vaccines is safe and appropriate. 


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1 (5) A significant body of peer-reviewed sci2 entific studies concludes that COVID–19 vaccines 

3 are among a wide range of clinical public health 

4 tools available and accessible to Americans for miti5 gating the effects of the COVID–19 virus. 

6 (6) Other scientifically confirmed clinical safe7 guard tools for mitigating and protecting against 

8 COVID–19 include— 

9 (A) the durable and lasting protection of 

10 natural immunity from previous COVID–19 in11 fection; 

12 (B) therapeutics, including oral antiviral 

13 medications; 

14 (C) periodic testing; 

15 (D) air filtration or purification systems; 

16 (E) choosing to wear masks, shields, and 

17 other personal protective equipment (PPE); 

18 (F) remote work settings; and 

19 (G) social distancing. 

20 (7) Wise and constitutionally permissible gov21 ernment policies aimed at mitigating adverse public 

22 health effects from COVID–19 must be based on 

23 clear and consistent scientific evidence, while re24 specting the fundamental individual liberties and 

25 freedoms enshrined in the Constitution. Such poliVerDate Sep 11 2014 22:02 Mar 01, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6811.IH H6811

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1 cies must also seek the path or combinations of 

2 paths that least infringe on individual liberties to 

3 achieve public health gains. 

4 (8) Due in large part to the vacillating, arbi5 trary, inconsistent, and at times nontransparent and 

6 scientifically tenuous COVID–19 guidances issued 

7 by the CDC and other government agencies, Ameri8 cans may have legitimate questions, concerns, and 

9 confusion about what best serves their medical needs 

10 with respect to the COVID–19 virus. 

11 (9) Americans holding such legitimate questions 

12 and concerns—or being opposed to COVID–19 vac13 cine mandates—DOES NOT equate to their being 

14 ‘‘antivaccine’’ or ‘‘antiscience’’. It is altogether and 

15 entirely consistent for Americans to be ‘‘provaccine’’ 

16 for what makes sense for their and their family’s 

17 personal health needs in consultation with their 

18 board-certified physician or other health care pro19 vider, and also be ‘‘antivaccine mandate’’. 

20 (10) To date, there is no scientific data to sug21 gest employment settings pose any increased or spe22 cial risk for COVID–19 transmission among individ23 uals, as compared to home, social, or other gath24 erings. 


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1 (11) The protection of individual rights to make 

2 one’s own medical decisions in consultation with 

3 one’s health care provider—without fear of coercion, 

4 forced vaccination, loss of civil liberties, or risk of 

5 adverse employment action—is especially needed at 

6 a time when it is critical for the Nation to increase 

7 trust in public health officials. Protection of these 

8 individual rights is also vital for encouraging, where 

9 and when medically appropriate, vaccination or other 

10 scientific measures for keeping Americans safe and 

11 healthy. 

12 (12) Under current law, Americans who sustain 

13 adverse health effects or injuries resulting from 

14 COVID–19 vaccination generally have minimal and 

15 restricted compensation recourses. They are gen16 erally confined to the notoriously stingy Counter17 measures Injury Compensation Program (CICP). 

18 (13) The CICP is managed through an admin19 istrative process, where there is no court, judge, or 

20 right to appeal. Decisions about compensation are 

21 made in a figurative black hole by a nameless ad22 ministrator. Compensation for lost wages and death 

23 benefits are arbitrarily capped, there is no oppor24 tunity for collecting damages for pain and suffering, 

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1 ing a claim. In addition, there is no compensation 

2 for attorney fees, which makes it extremely difficult 

3 for vaccine-injured Americans to find counsel willing 

4 to represent them. 

5 (14) Since the advent of the COVID–19 vac6 cines and as of February 1, 2022, there have been 

7 NO compensation awards issued by the CICP for 

8 COVID–19 vaccine injury claims. 

9 (15) The United States constitutional structure 

10 demands measures of accountability for government 

11 actions that infringe individual liberties and could 

12 cause harm. If Congress or the courts fail to nullify, 

13 overturn, or invalidate unnecessary, authoritarian, 

14 and overreaching COVID–19 vaccine mandates that 

15 threaten the loss of employment for noncompliance, 

16 Americans oppressed by such mandates and coerced 

17 into vaccination should be able to hold governments 

18 accountable. They should have full and unfettered 

19 access to legal recourses for any adverse health ef20 fects or injuries sustained from such COVID–19 

21 vaccine mandates. This should include the right to 

22 bring civil actions for declaratory or injunctive relief, 

23 or monetary compensatory damages, including eco24 nomic and noneconomic damages, against Federal, 


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1 State, and local government entities that impose 

2 such mandates. 

3 (16) It is well-established that Congress’ power 

4 under article I, section 8, clause 1 of the Constitu5 tion, also known as the Spending Clause, includes 

6 the power to require the States to abide by certain 

7 conditions in exchange for receiving Federal finan8 cial assistance. The Supreme Court has explained 

9 that one such lawful condition may be States volun10 tarily waiving their sovereign immunity from suit 

11 (under the Eleventh Amendment to the Constitution 

12 or otherwise). South Dakota v. Dole (483 U.S. 203 

13 (1987)); College Savings Bank v. Florida Prepaid 

14 Postsecondary Education Expense Board (527 U.S. 

15 666 (1999)). 

16 (17) Such a conditional waiver does not coerce 

17 a State. The Supreme Court has explicitly recog18 nized that when Congress expresses a funding condi19 tion ‘‘unambiguously’’, a State’s acceptance of Fed20 eral funds constitutes a knowing agreement to a 

21 congressionally imposed condition on the funds. 

22 Pennhurst State School & Hospital v. Halderman 

23 (451 U.S. 1, 17 (1981)). Accordingly, while Con24 gress may not compel States to waive their sovereign 


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1 immunity, a voluntary State waiver is wholly permis2 sible. Alden v. Maine (527 U.S. 706 (1999)). 

3 (18) This Act protects Americans’ constitu4 tional medical rights by ensuring that individuals 

5 subject to a scientifically tenuous ‘‘Hobson’s Choice’’ 

6 of employment-threatening COVID–19 vaccine man7 date, where they feel forced into vaccination against 

8 their will, are able to seek equitable and appropriate 

9 legal remedies for any COVID–19 vaccine injuries, 

10 remedies that are extremely limited or disallowed 

11 under current law. 

12 (19) This Act further protects Americans’ con13 stitutional medical rights by holding Federal, State, 

14 and local governments accountable for unnecessary, 

15 irrational, overreaching, and liberty-infringing 

16 COVID–19 vaccine mandates, when many other sci17 entifically proven, and less liberty-intrusive, tools 

18 exist for mitigating the effects of and protecting 

19 against COVID–19. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) AGGRIEVED INDIVIDUAL.—The term ‘‘ag23 grieved individual’’ includes— 

24 (A) an individual who received or is re25 quired to receive a COVID–19 vaccine as a reVerDate Sep 11 2014 22:02 Mar 01, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6811.IH H6811

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1 sult of Executive Order 14042 or 14043 to pre2 vent the termination, or any other adverse con3 sequence, of the employment of the individual 

4 with a Federal agency, or as a condition of new 

5 employment; 

6 (B) an individual who received a COVID– 

7 19 vaccine as a result of a Federal agency re8 quirement (or is required to do so by the indi9 vidual’s employer acting pursuant to a Federal 

10 agency requirement) as a condition of new or 

11 continued employment, including a COVID–19 

12 vaccine requirement resulting from— 

13 (i) the rule titled ‘‘COVID–19 Vac14 cination and Testing; Emergency Tem15 porary Standard’’ published on November 

16 5, 2021 (86 Fed. Reg. 61402 et seq.); or 

17 (ii) the rule titled ‘‘Medicare and 

18 Medicaid Programs; Omnibus COVID–19 

19 Health Care Staff Vaccination’’ published 

20 November 5, 2021 (86 Fed. Reg. 61555 et 

21 seq.); and 

22 (C) an individual who received or is re23 quired to receive a COVID–19 vaccine as a re24 sult of a State or local governmental require25 ment, or by their employer that is acting pursuVerDate Sep 11 2014 22:02 Mar 01, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6811.IH H6811

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1 ant to a State or local governmental require2 ment, as a condition of new or continued em3 ployment. 

4 (2) COVID–19 VACCINE.—The term ‘‘COVID– 

5 19 vaccine’’ means a vaccine that is intended to pre6 vent or mitigate coronavirus disease 2019, including 

7 any booster to such a vaccine. 

8 (3) FEDERAL AGENCY.—The term ‘‘Federal 

9 agency’’ means any department, agency, office, or 

10 other entity in the executive branch of the Federal 

11 Government. 

12 (4) INJURIES.—The term ‘‘injuries’’ includes 

13 any adverse health effects, reactions, and other ad14 verse health consequences, including incapacity or 

15 wrongful death, resulting from COVID–19 vaccina16 tion. 

17 SEC. 4. CIVIL ACTIONS AGAINST THE UNITED STATES OR 

18 ANY STATE OR LOCAL GOVERNMENT ENTITY 

19 FOR COVID–19 VACCINATION MANDATES. 

20 (a) ACTION AUTHORIZED.—In lieu of seeking com21 pensation under sections 319F–3 and 319F–4 of the Pub22 lic Health Service Act (42 U.S.C. 247d–6d, 247d–6e), any 

23 aggrieved individual, or in the case of a deceased aggrieved 

24 individual his or her survivors, may commence an action 

25 against the United States, or against any State or local 


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1 governmental entity, whichever imposed the applicable re2 quirements, in an appropriate district court of the United 

3 States, seeking declaratory or injunctive relief and com4 pensatory damages, including economic and noneconomic 

5 damages, for injuries sustained by the aggrieved individual 

6 as a result of receiving a COVID–19 vaccine. 

7 (b) LIABILITY.—The United States and any State or 

8 local governmental entity, whichever imposed the applica9 ble requirements, shall be liable to any aggrieved indi10 vidual, or in the case of a deceased aggrieved individual 

11 his or her survivors, for injuries sustained by the aggrieved 

12 individual as a result of receiving a COVID–19 vaccine. 

13 (c) ATTORNEY’S FEES.—The court may award attor14 ney’s fees to an aggrieved individual who prevails in an 

15 action under this section (or to his or her survivors who 

16 so prevail if applicable). 

17 SEC. 5. VOLUNTARY WAIVER OF STATE AND LOCAL SOV18 EREIGN IMMUNITY AS CONDITION OF RE19 CEIVING ANY FEDERAL FUNDING RELATED 

20 TO COVID–19. 

21 The receipt or use, on or after the date of enactment 

22 of this Act, of any Federal funding related to COVID– 

23 19 by a State or political subdivision of a State (including 

24 any municipal or county government) is deemed to con25 stitute a clear and unequivocal expression of, and agreeVerDate Sep 11 2014 22:02 Mar 01, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6811.IH H6811

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1 ment to, waiving sovereign immunity under the 11th 

2 Amendment to the Constitution or otherwise, to a civil ac3 tion for declaratory or injunctive relief, compensatory 

4 damages, and attorney’s fees under section 4. 

5 SEC. 6. RULE OF CONSTRUCTION. 

6 Nothing in this Act may be construed to permit or 

7 otherwise authorize a COVID–19 vaccination mandate 

8 under Federal law (including any regulation). 

Æ 


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