H.R. 491 explained · 119th Congress · Pending in Congress
Equal COLA Act
Cosponsors: 90 (87 D, 3 R) · per Congress.gov, 2026-10-10
Introduced: 2025-01-16
Latest action (2025-09-16): ASSUMING FIRST SPONSORSHIP - Mr. Walkinshaw asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 491, a bill originally introduced by Representative Connolly, for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.
What H.R. 491 does, in plain terms
Equal COLA Act This bill applies a cost-of-living adjustment (COLA) for annuities paid under the Federal Employees Retirement System that is equal to the increase in inflation, regardless of the amount of the increase. Specifically, for any year in which the Consumer Price Index (CPI) has increased over the previous year, the COLA amount shall be increased by the change in the CPI from the previous year. Current law applies an adjustment equal to the change in CPI only if the change is 2% or less. If the change is between 2% and 3%, the adjustment is limited to 2%. If the change is more than 3%, the adjustment is limited to 1% less than the change.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-13
SI-generated grade · five published checks · not individually reviewed by a person · methodology
The Equal COLA Act is fully constitutional. It adjusts federal employee retirement annuity payments for inflation, which falls within Congress's enumerated power to regulate federal employment and spending. It does not infringe any Bill of Rights protections, restrict individual sovereignty, or violate due process or takings principles. The action is properly at the federal level, as it concerns federal employee compensation.
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✓ Passes · Enumerated powers
Congress has explicit authority under Article I, Section 8, Clause 18 (the Necessary and Proper Clause) to make laws governing federal employees and their compensation, including retirement benefits. This bill adjusts cost-of-living adjustments for annuities under the Federal Employees Retirement System, which is a matter of federal employment and spending. No enumerated power is exceeded. -
✓ Passes · Bill of Rights
The bill does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, fair trial, jury, cruel and unusual punishment, or any other right protected by the first ten amendments. It is a routine adjustment to federal retirement benefits with no impact on individual liberties. -
✓ Passes · Individual sovereignty
The bill does not restrict what any person may do with their own person, property, speech, labor, or belief. It merely increases the cost-of-living adjustment for federal retirees, which is a benefit, not a restriction. No compelling constitutional justification is needed because no individual freedom is burdened. -
✓ Passes · Decentralization
This bill concerns federal employee retirement benefits, which are inherently a federal matter. An individual or family cannot set federal employee COLA rates; a local community or county cannot manage federal retirement systems; a state cannot adjust federal employee annuities. The action does not consolidate decision-making upward unnecessarily—it is already properly at the federal level under t… -
✓ Passes · Due process and takings
The bill does not bypass due process, presume guilt, or take property without just compensation. It adjusts future annuity payments upward, which does not deprive anyone of property. There is no arbitrary government action; the adjustment is based on a clear, objective formula tied to the Consumer Price Index. Procedural and substantive due process are fully respected.
Sources: Congress.gov: HR 491 summary
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