I 117th CONGRESS 2d Session H. R. 6776 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. Short title This Act may be cited as the Health Care Worker and First Responder Social Security Beneficiary Choice Act of 2022 . 2. Exemption of certain earnings from retirement earnings test (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 individual who attests to being employed in the healthcare workforce or as a first responder (as determined by the Commissioner of Social Security) during the COVID–19 public health emergency, shall not be included in the determination of the individual’s excess earnings under subsection (f)(3) of such section for any taxable year. (b) COVID–19 public health emergency In this section, the term COVID–19 public health emergency 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 appropriate procedures for the implementation of subsection (a). 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 subsection (b) of this section) during any 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) ) shall not be included in the determination of the individual’s excess earnings under subsection (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 Security, a waiver issued to the individual by the Secretary of Health and Human Services in accordance with subsection (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. (d) Report The Secretary of Health and Human Services shall annually submit a report to Congress describing each waiver that has been issued under this section during the previous year.