I 

117TH CONGRESS 

2D SESSION H. R. 6776 

To provide for the exemption of certain earnings from the retirement earnings 

test, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 18, 2022 

Mr. KATKO (for himself, Mr. TRONE, Mr. DELGADO, and Mr. JOHNSON of 

South Dakota) introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To provide for the exemption of certain earnings from the 

retirement earnings test, and for other purposes. 

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 ‘‘Health Care Worker 

5 and First Responder Social Security Beneficiary Choice 

6 Act of 2022’’. 

7 SEC. 2. EXEMPTION OF CERTAIN EARNINGS FROM RETIRE8 MENT EARNINGS TEST. 

9 (a) IN GENERAL.—For purposes of subsection (b) of 

10 section 203 of the Social Security Act (42 U.S.C. 403(b)), 


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1 wages paid to an individual who attests to being employed 

2 in the healthcare workforce or as a first responder (as de3 termined by the Commissioner of Social Security) during 

4 the COVID–19 public health emergency, shall not be in5 cluded in the determination of the individual’s excess earn6 ings under subsection (f)(3) of such section for any tax7 able year. 

8 (b) COVID–19 PUBLIC HEALTH EMERGENCY.—In 

9 this section, the term ‘‘COVID–19 public health emer10 gency’’ means the period during which there exists— 

11 (1) the public health emergency declared by the 

12 Secretary pursuant to section 319 of the Public 

13 Health Service Act on January 31, 2020, entitled 

14 ‘‘Determination that a Public Health Emergency 

15 Exists Nationwide as the Result of the 2019 Novel 

16 Coronavirus’’; and 

17 (2) any renewal of such declaration pursuant to 

18 such section 319. 

19 (c) GUIDANCE.—Not later than 30 days after the 

20 date of the enactment of this Act, the Commissioner of 

21 Social Security shall issue guidance providing for appro22 priate procedures for the implementation of subsection 

23 (a). 


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1 SEC. 3. FUTURE PANDEMIC PREPAREDNESS. 

2 (a) IN GENERAL.—For purposes of subsection (b) of 

3 section 203 of the Social Security Act (42 U.S.C. 403(b)), 

4 wages paid to an eligible individual (as defined in sub5 section (b) of this section) during any public health emer6 gency declared by the Secretary of Health and Human 

7 Services under section 319(a) of the Public Health Service 

8 Act (42 U.S.C. 247d(a)) shall not be included in the deter9 mination of the individual’s excess earnings under sub10 section (f)(3) of such section for any taxable year. 

11 (b) ELIGIBLE INDIVIDUAL.—For purposes of this 

12 section, an eligible individual is any individual who has 

13 in effect, as determined by the Commissioner of Social Se14 curity, a waiver issued to the individual by the Secretary 

15 of Health and Human Services in accordance with sub16 section (c). 

17 (c) ISSUANCE OF WAIVERS.—During a public health 

18 emergency declared by the Secretary of Health and 

19 Human Services under section 319(a) of the Public Health 

20 Service Act (42 U.S.C. 247d(a)) in which the Secretary 

21 has determined that, wholly or partially as a result of the 

22 public health emergency, there is a shortage of healthcare 

23 workers, the Secretary may issue a waiver to any eligible 

24 individual who attests to being employed in the healthcare 

25 workforce or as a first responder during such public health 

26 emergency. 


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1 (d) REPORT.—The Secretary of Health and Human 

2 Services shall annually submit a report to Congress de3 scribing each waiver that has been issued under this sec4 tion during the previous year. 

Æ 


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