Title 28 of the Code of Federal Regulations, commonly cited as 28 CFR, is the body of federal rules that governs judicial administration and the operations of the U.S. Department of Justice. It sets the internal structure of the DOJ, the authority of federal law enforcement agencies, the day-to-day rules inside federal prisons, the process for suing the federal government, the handling of pardon petitions, the enforcement of the Americans with Disabilities Act, and the rules for foreign agent registration, among other subjects. Because these regulations carry the force of law, they reach anyone who deals with the federal legal system, whether that means filing a claim, requesting records, running a business open to the public, or applying for clemency.
What Title 28 Covers
The regulation is organized into numbered parts, each addressing a distinct subject. Part 0 lays out how the Department of Justice is organized internally, from the Office of the Solicitor General to the Antitrust Division, and assigns responsibilities to each division under the Attorney General’s authority.1eCFR. 28 CFR Part 0 – Organization of the Department of Justice Other parts govern specific programs and processes: tort claims in Part 14, pardons in Part 1, ADA compliance in Parts 35 and 36, criminal justice information systems in Part 20, and so on.
These rules function as the operating manual for federal legal work. They establish how leadership delegates authority, how agencies interact with the public, and how procedures survive changes in administration. The parts that follow are the ones a general reader is most likely to encounter.
DOJ Structure and Special Counsel Investigations
Part 0 assigns the FBI a broad mandate: investigating federal crimes, maintaining fingerprint records, running counterintelligence operations, and training state and local police through the FBI National Academy. The FBI also has authority over drug offenses, which it shares with the Drug Enforcement Administration.2eCFR. 28 CFR 0.85 – General Functions The DEA operates under Subpart R and enforces federal controlled substance laws.3eCFR. 28 CFR 0.100 – General Functions
Part 600 is where high-profile investigations often live. The Attorney General may appoint a Special Counsel when a criminal investigation would create a conflict of interest for the DOJ or when extraordinary circumstances make an outside prosecutor appropriate, and when the appointment serves the public interest.4eCFR. 28 CFR 600.1 – Grounds for Appointing a Special Counsel Only the Attorney General can remove a Special Counsel, and only for cause: misconduct, failure to perform duties, incapacity, conflict of interest, or other good cause such as violating departmental policies. The reason must be put in writing.5eCFR. 28 CFR 600.7 – Conduct and Accountability
Federal Prison Rules
Chapter V of Title 28 governs the Bureau of Prisons, from intake and classification through discipline and medical care.
Discipline and Sanctions
Part 541 sorts prohibited acts by severity and caps the punishment accordingly.6eCFR. 28 CFR 541.3 – Prohibited Acts and Available Sanctions
- Greatest severity offenses: disciplinary segregation for up to 12 months, extending to 18 months for repeated violations at the same level.
- High severity: up to 6 months, or up to 12 months for repeat offenses.
- Moderate severity: up to 3 months, or up to 6 months for repeat offenses.
- Low severity: no segregation for a first offense; up to 1 month for repeat offenses.
Other sanctions include loss of commissary privileges, loss of good-conduct time, and restricted visitation.
Medical Services
Part 549 requires federal facilities to provide infectious disease management and testing, psychiatric evaluation and treatment (including involuntary medication procedures), access to over-the-counter medications, hunger strike protocols, and health care fee structures. Federal prisons must also handle civil commitment proceedings for individuals determined to be sexually dangerous.7eCFR. 28 CFR Part 549 – Medical Services
DNA Collection
Part 28 requires the Bureau of Prisons to collect DNA samples from anyone in federal custody who has been convicted of a federal offense, including offenses under the Uniform Code of Military Justice. Any federal agency that arrests or detains people must also collect DNA from those facing charges or convicted of crimes, and from non-citizens detained under federal authority.8eCFR. 28 CFR 28.12 – Collection of DNA Samples
Suing the Federal Government
Part 14 controls the process for seeking compensation when a federal employee’s negligence injures you or damages your property. You cannot file a lawsuit first. The regulation requires an administrative claim with the specific agency whose employee caused the harm before any court action is possible.9eCFR. 28 CFR Part 14 – Administrative Claims Under Federal Tort Claims Act
The claim must state a specific dollar amount for the damages requested. A vague request will not count as a valid claim. The DOJ provides Standard Form 95 as a convenient format, though any written notification containing the required information and a definite figure will satisfy the requirement.10United States Department of Justice. Documents and Forms
Two deadlines apply. The administrative claim must reach the agency within two years of when the injury occurred or when you reasonably should have discovered it. If the agency denies the claim, you have six months from the date of the denial letter to file suit in federal district court. If the agency does not respond within six months of receiving the claim, that silence counts as a denial and your right to sue begins at that point.11eCFR. 28 CFR 14.9 – Final Denial of Claim
Applying for a Presidential Pardon
Part 1 governs how petitions for presidential clemency are processed, including pardons, sentence commutations, and fine remissions. The Office of the Pardon Attorney receives petitions, investigates, and prepares recommendations for the President.
You generally cannot apply until at least five years after release from prison. If no prison sentence was imposed, the five-year clock runs from the date of conviction. People currently on probation, parole, or supervised release are not expected to submit petitions.12eCFR. 28 CFR 1.2 – Eligibility for Filing Petition for Pardon Waivers of the waiting period are available in some circumstances. Once a petition is filed, the Pardon Attorney typically requests comments from the U.S. Attorney’s office that handled the original prosecution, generally expecting a response within 30 days.
ADA Enforcement
Two parts of Title 28 implement the Americans with Disabilities Act.
State and Local Government
Part 35 prohibits state and local governments from discriminating against people with disabilities in any program or activity. It covers physical access to government buildings, compatibility of websites and digital services with assistive technology, and the obligation to make reasonable modifications to policies when needed for equal participation.13eCFR. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government Services
Businesses Open to the Public
Part 36 applies to private businesses that serve the public. Its central concept is “readily achievable” barrier removal: businesses must eliminate physical obstacles when the changes can be accomplished without significant difficulty or expense. When full compliance is not readily achievable, the business must still take whatever lesser steps are feasible.14eCFR. 28 CFR 36.304 – Removal of Barriers
Civil Penalties
Businesses that violate Part 36 face civil penalties the DOJ adjusts annually for inflation. The underlying statute sets base maximums of $50,000 for a first violation and $100,000 for subsequent violations. After the inflation adjustment effective July 3, 2025, those figures are $118,225 for a first violation and $236,451 for each subsequent violation.15eCFR. 28 CFR Part 85 – Civil Monetary Penalties Inflation Adjustment
Criminal Records, Records Requests, and Foreign Agents
Criminal Justice Information
Part 20 governs how arrest and conviction records move between agencies. The regulation treats conviction data and non-conviction data differently: arrests that did not lead to convictions face tighter sharing restrictions.16eCFR. 28 CFR Part 20 – Criminal Justice Information Systems Non-conviction records can be shared only with criminal justice agencies for law enforcement purposes, with other parties when a statute or court order authorizes it, with service providers under a specific agreement with a criminal justice agency, or with researchers under a formal data-use agreement. States must implement security controls that prevent unauthorized access, including software that blocks non-criminal-justice terminals from modifying or retrieving records.17eCFR. 28 CFR 20.21 – Criminal Justice Information Systems
FOIA and Privacy Act
Part 16 handles two overlapping processes: Freedom of Information Act requests and Privacy Act requests for personal records. The DOJ uses a decentralized system, so each component (the FBI, DEA, Bureau of Prisons, and others) has its own FOIA office. You’ll get the fastest response by sending your request directly to the component that maintains the records, though a central Mail Referral Unit can forward misdirected requests.18eCFR. 28 CFR Part 16 – Production or Disclosure of Material or Information
When you request records about yourself, you must verify your identity through the procedures in Subpart D. Requests for records about another person require either a notarized authorization from that person or proof of death. The regulation also lists the exemptions agencies can invoke to withhold records, particularly those tied to ongoing investigations or national security.
Foreign Agents Registration
Part 5 governs the Foreign Agents Registration Act. Anyone acting in the United States on behalf of a foreign government or political entity generally must register with the DOJ and disclose their activities. Several exemption categories exist, but the burden of proving that an exemption applies falls on the person claiming it.19eCFR. 28 CFR Part 5 – Administration and Enforcement of Foreign Agents Registration Act of 1938, as Amended
Willfully failing to register, or making false statements in a registration filing, carries a maximum penalty of five years in prison and a fine of up to $250,000. Lesser violations involving labeling failures or disclosure deficiencies carry up to six months in prison and a $5,000 fine. Failure to register is treated as a continuing offense for as long as the person remains unregistered, so no statute of limitations protects someone who simply never files.20United States Department of Justice. FARA Enforcement