ant to a State or local governmental require-
ment, as a condition of new or continued em-
ployment. 
(2) COVID–19 VACCINE.—The term ‘‘COVID– 
19 vaccine’’ means a vaccine that is intended to pre-
vent or mitigate coronavirus disease 2019, including 
any booster to such a vaccine. 
(3) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ means any department, agency, office, or 
other entity in the executive branch of the Federal 
Government. 
(4) INJURIES.—The term ‘‘injuries’’ includes 
any adverse health effects, reactions, and other ad-
verse health consequences, including incapacity or 
wrongful death, resulting from COVID–19 vaccina-
tion. 
SEC. 4. CIVIL ACTIONS AGAINST THE UNITED STATES OR 
ANY STATE OR LOCAL GOVERNMENT ENTITY 
FOR COVID–19 VACCINATION MANDATES. 
(a) ACTION AUTHORIZED.—In lieu of seeking com-
pensation under sections 319F–3 and 319F–4 of the Pub-
lic Health Service Act (42 U.S.C. 247d–6d, 247d–6e), any 
aggrieved individual, or in the case of a deceased aggrieved 
individual his or her survivors, may commence an action 
against the United States, or against any State or local 
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governmental entity, whichever imposed the applicable re-
quirements, in an appropriate district court of the United 
States, seeking declaratory or injunctive relief and com-
pensatory damages, including economic and noneconomic 
damages, for injuries sustained by the aggrieved individual 
as a result of receiving a COVID–19 vaccine. 
(b) LIABILITY.—The United States and any State or 
local governmental entity, whichever imposed the applica-
ble requirements, shall be liable to any aggrieved indi-
vidual, or in the case of a deceased aggrieved individual 
his or her survivors, for injuries sustained by the aggrieved 
individual as a result of receiving a COVID–19 vaccine. 
(c) ATTORNEY’S FEES.—The court may award attor-
ney’s fees to an aggrieved individual who prevails in an 
action under this section (or to his or her survivors who 
so prevail if applicable). 
SEC. 5. VOLUNTARY WAIVER OF STATE AND LOCAL SOV-
EREIGN IMMUNITY AS CONDITION OF RE-
CEIVING ANY FEDERAL FUNDING RELATED 
TO COVID–19. 
The receipt or use, on or after the date of enactment 
of this Act, of any Federal funding related to COVID– 
19 by a State or political subdivision of a State (including 
any municipal or county government) is deemed to con-
stitute a clear and unequivocal expression of, and agree-
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ment to, waiving sovereign immunity under the 11th 
Amendment to the Constitution or otherwise, to a civil ac-
tion for declaratory or injunctive relief, compensatory 
damages, and attorney’s fees under section 4. 
SEC. 6. RULE OF CONSTRUCTION. 
Nothing in this Act may be construed to permit or 
otherwise authorize a COVID–19 vaccination mandate 
under Federal law (including any regulation). 
Æ 
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