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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Health Care Worker 
and First Responder Social Security Beneficiary Choice 
Act of 2022’’. 
SEC. 2. EXEMPTION OF CERTAIN EARNINGS FROM RETIRE-
MENT EARNINGS TEST. 
(a) IN GENERAL.—For purposes of subsection (b) of 
section 203 of the Social Security Act (42 U.S.C. 403(b)), 
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wages paid to an individual who attests to being employed 
in the healthcare workforce or as a first responder (as de-
termined by the Commissioner of Social Security) during 
the COVID–19 public health emergency, shall not be in-
cluded in the determination of the individual’s excess earn-
ings under subsection (f)(3) of such section for any tax-
able year. 
(b) COVID–19 PUBLIC HEALTH EMERGENCY.—In 
this section, the term ‘‘COVID–19 public health emer-
gency’’ means the period during which there exists— 
(1) the public health emergency declared by the 
Secretary pursuant to section 319 of the Public 
Health Service Act on January 31, 2020, entitled 
‘‘Determination that a Public Health Emergency 
Exists Nationwide as the Result of the 2019 Novel 
Coronavirus’’; and 
(2) any renewal of such declaration pursuant to 
such section 319. 
(c) GUIDANCE.—Not later than 30 days after the 
date of the enactment of this Act, the Commissioner of 
Social Security shall issue guidance providing for appro-
priate procedures for the implementation of subsection 
(a). 
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SEC. 3. FUTURE PANDEMIC PREPAREDNESS. 
(a) IN GENERAL.—For purposes of subsection (b) of 
section 203 of the Social Security Act (42 U.S.C. 403(b)), 
wages paid to an eligible individual (as defined in sub-
section (b) of this section) during any public health emer-
gency declared by the Secretary of Health and Human 
Services under section 319(a) of the Public Health Service 
Act (42 U.S.C. 247d(a)) shall not be included in the deter-
mination of the individual’s excess earnings under sub-
section (f)(3) of such section for any taxable year. 
(b) ELIGIBLE INDIVIDUAL.—For purposes of this 
section, an eligible individual is any individual who has 
in effect, as determined by the Commissioner of Social Se-
curity, a waiver issued to the individual by the Secretary 
of Health and Human Services in accordance with sub-
section (c). 
(c) ISSUANCE OF WAIVERS.—During a public health 
emergency declared by the Secretary of Health and 
Human Services under section 319(a) of the Public Health 
Service Act (42 U.S.C. 247d(a)) in which the Secretary 
has determined that, wholly or partially as a result of the 
public health emergency, there is a shortage of healthcare 
workers, the Secretary may issue a waiver to any eligible 
individual who attests to being employed in the healthcare 
workforce or as a first responder during such public health 
emergency. 
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(d) REPORT.—The Secretary of Health and Human 
Services shall annually submit a report to Congress de-
scribing each waiver that has been issued under this sec-
tion during the previous year. 
Æ 
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