14. Department of Health and Human Services · Minor
Keep lactation room requirements in Section 1557 rulemaking
Printed page 475 14. Department of Health and Human Services
“However, while the Biden Administration’s Section 1557 regulation should be altered and corrected, the lactation room requirements added in the regulation should either be consistently included in any upcoming Section 1557 rulemaking or be proposed in a new individual rule.”
What has happened
- Not started
No lactation requirement exists in HHS's Section 1557 regulation and none has been proposed. 45 CFR part 92, as in force on 2026-08-26, contains the string 'lactation' zero times across all 28 sections. What has happened to the 2024 rule is subtraction: the district court in Tennessee v. Becerra (S.D. Miss.) vacated 45 CFR 92.101(a)(2)(iv), 92.206(b)(1)-(4), 92.207(b)(3)-(5), 92.8(b)(1), 92.10(a)(1)(i) and 92.208 on 2025-10-22, and OCR published notice of the vacatur on 2026-06-02. HHS's forthcoming Section 1557 rewrite (RIN 0945-AA32, NPRM scheduled 02/2027) is framed as conforming the rule to statutory text and to Executive Orders 14219, 14168 and 14192 and reducing burden; its abstract contains nothing about lactation.
Research log
What was searched, and what didn’t count as evidence
Research notes
- 45 CFR part 92 read in full through the eCFR, https://www.ecfr.gov/api/versioner/v1/full/2026-08-26/title-45.xml?subtitle=A&part=92: sections 92.1-92.11, 92.101, 92.201-92.211 and 92.301-92.304, no lactation provision. 45 CFR 92.206 as it stands is Equal program access on the basis of sex and says nothing about lactation space.
- Federal Register full text, no date restriction, for lactation together with “section 1557” returns 8 documents, none of them an HHS Section 1557 rule; the closest is the Department of Education’s 2024 Title IX rule. It is possible the Quote is pointing at the 2022 proposed 1557 rule rather than at anything that was finalized; either way there is no requirement to keep and none has been proposed.
- RIN 0945-AA32 read at https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202510&RIN=0945-AA32.
- Action
- issue
- Object
- Section 1557 lactation room requirements
- ID
- 1313