Constitution Index · H.R. 491 · 2025-01-16
Equal COLA Act
Latest official status (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.
Constitutional grade
A
Constitutional
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.
Article I, Section 8, Clause 18 Amendment X
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
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.
Bill of Rights · passes
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.
Individual liberty · passes
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.
Decentralization · passes
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 the Tenth Amendment's reservation of powers to the states for matters not delegated to the United States, but here the matter is delegated.
Due process and takings · passes
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.
Provenance
- Congress.gov: HR 491 summary · fetched 2026-10-10 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #781 | 2026-10-13 | vfa-constitutional-grade/1.0 | 285ff2a87906 | current |
Cite this
Values for America. “Constitutional grade: H.R. 491, Equal COLA Act.” VFA Constitution Index, grade 781 (rubric vfa-constitutional-grade/1.0), graded October 13, 2026. https://www.valuesforamerica.com/constitution-index/grades/781. Accessed 2026-10-20.
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