H.R. 10147 explained  ·  119th Congress  ·  Pending in Congress

To amend the Harmonized Tariff Schedule for the United States to establish a new subheading in chapter 39 for silicone prosthetics for women who are breast cancer survivors and a new subheading in chapter 90 for mastectomy bras.

Create a free account or sign in to follow H.R. 10147 and get alerts. Policy area: Foreign Trade and International Finance Create a free account or sign in to follow the Foreign Trade and International Finance policy area and get alerts. ▲ 56 days since action Sponsor: Carol D. Miller, WV-01, R → Congress.gov

Cosponsors: 1 (1 D, 0 R) · per Congress.gov, 2026-10-14

Introduced: 2026-08-24

Latest action (2026-08-24): Referred to the House Committee on Ways and Means.

What H.R. 10147 does, in plain terms

The Congressional Research Service has not published a summary of H.R. 10147 yet. Its official title: “To amend the Harmonized Tariff Schedule for the United States to establish a new subheading in chapter 39 for silicone prosthetics for women who are breast cancer survivors and a new subheading in chapter 90 for mastectomy bras.”.

Constitution Index

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The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 1.00

Archived SI output (machine-generated)

No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.

Synthesis

All four voices concur that the bill is a valid exercise of Congress's enumerated powers under Article I, Section 8, Clause 1 (laying and collecting Duties and Imposts) and Clause 3 (regulating Commerce with foreign Nations). Amending tariff subheadings to classify imported medical articles is an act of classification within an existing grant of power, not a creation of new authority. The uniformity requirement is geographic rather than categorical, and the measure applies equally at every port. The bill's origin in the House satisfies Article I, Section 7, Clause 1, and no clause of the Constitution prohibits the act; its end—adjusting duties on imported medical prosthetic articles—is legitimate.

Hamilton YES

The measure before us is an act of classification within the tariff schedule, an exercise of powers expressly committed to the national legislature. Article I, Section 8, Clause 1 empowers Congress 'To lay and collect Taxes, Duties, Imposts and Excises,' subject only to the proviso that such duties be uniform throughout the United States — a uniformity of geography, not of article, as any schedule must necessarily distinguish among goods. Article I, Section 8, Clause 3 further commits the regulation of commerce with foreign nations to Congress, and no instrument regulates foreign commerce more…

Article I, Section 8, Clause 1 Article I, Section 8, Clause 3 Article I, Section 7, Clause 1 Federalist No. 12 Federalist No. 36
Jefferson YES

I have examined this measure against the plain text of our Constitution, and I find it within the enumerated powers granted to Congress. The power 'To lay and collect Taxes, Duties, Imposts and Excises' is expressly vested in the legislature by Article I, Section 8, Clause 1, and the regulation of 'Commerce with foreign Nations' by Clause 3 of that same section. The Harmonized Tariff Schedule is nothing more than the machinery by which these two grants are executed; to amend its subheadings is to exercise, not to exceed, the delegated authority. Nor does the measure offend the requirement that…

Article I, Section 8, Clause 1 Article I, Section 8, Clause 3 Amendment X Amendment IX
Madison YES

The power to lay and collect Duties and Imposts on foreign commerce is among the most express grants to the national legislature, found in Article I, Section 8, Clause 1, and reinforced by the power to regulate Commerce with foreign Nations in Clause 3. The classification of particular articles within a schedule of duties is a proper exercise of that enumerated authority, requiring no strained construction of the general welfare phrase, which I have elsewhere shown (Federalist No. 41) was never intended to enlarge the powers beyond their enumerated bounds. The measure here does not create a ne…

Article I, Section 8, Clause 1 Article I, Section 8, Clause 3 Federalist No. 10 Federalist No. 41
Marshall YES

This measure lies squarely within the enumerated powers of the national legislature. Article I, Section 8, Clause 1 vests in Congress the power 'to lay and collect Taxes, Duties, Imposts and Excises,' and the imposition, modification, and classification of duties upon articles imported into these United States is among the most ancient and unambiguous exercises of that grant. A tariff schedule is nothing more than the legislative enumeration of articles subject to duty and the rates thereof; to classify silicone prosthetics and mastectomy bras as distinct subheadings is an act of classificatio…

Article I, Section 8, Clause 1 Article I, Section 8, Clause 3 McCulloch v. Maryland (1819) Gibbons v. Ogden (1824)
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