42 U.S.C. § 4841

Definitions (THE PUBLIC HEALTH AND WELFARE (42 U.S.C.))

In Force
Verified 9/13/2026 · Next check 10/13/2026
effective 9/13/2026FederalAffordable Housing Programs

Operative Text

42 U.S.C. § 4841
As used in this chapter—

The term “State” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

The term “units of general local government” means (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, (B) any combination of units of general local government in one or more States, (C) an Indian tribe, or (D) with respect to lead-based paint poisoning elimination activities in their urban areas, the territories and possessions of the United States.

Except as provided in subparagraph (B), the term “lead-based paint” means any paint containing more than five-tenths of 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

The Consumer Product Safety Commission shall, during the six-month period beginning on the date of the enactment of the National Health Promotion and Disease Prevention Act of 1976, determine, on the basis of available data and information and after providing opportunity for an oral hearing and considering recommendations of the Secretary of Health and Human Services (including those of the Centers for Disease Control and Prevention) and of the National Academy of Sciences, whether or not a level of lead in paint which is greater than six one-hundredths of 1 per centum but not in excess of five-tenths of 1 per centum is safe. If the Commission determines, in accordance with the preceding sentence, that another level of lead is safe, the term “lead-based paint” means, with respect to paint which is manufactured after the expiration of the six-month period beginning on the date of the Commission’s determination, paint containing by weight (calculated as lead metal) in the total nonvolatile content of the paint more than the level of lead determined by the Commission to be safe or the equivalent measure of lead in the dried film of paint already applied, or both.

Unless the definition of the term “lead-based paint” has been established by a determination of the Consumer Product Safety Commission pursuant to clause (i) of this subparagraph, the term “lead-based paint” means, with respect to paint which is manufactured after the expiration of the twelve-month period beginning on such date of enactment, paint containing more than six one-hundredths of 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.
Source: Legislative text reproduced verbatim
Plain English

42 U.S.C. § 4841 establishes the foundational definitions used throughout the federal lead-based paint poisoning prevention chapter. It defines 'State' broadly to include U.S. territories and the District of Columbia, and 'units of general local government' to encompass a wide range of political subdivisions, tribal governments, and combinations thereof. Critically, it sets out a tiered definition of 'lead-based paint' based on lead concentration thresholds, with the baseline set at more than 0.5% lead by weight, subject to potential adjustment by the Consumer Product Safety Commission following a mandated safety review tied to the 1976 National Health Promotion and Disease Prevention Act.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under the federal lead-based paint framework should understand that 42 U.S.C. § 4841 anchors the definitions that flow through all related compliance obligations. The definition of 'lead-based paint' — centered on lead concentration thresholds in paint's nonvolatile content or dried film — determines which materials trigger disclosure, remediation, and record-keeping duties under the chapter. Compliant operators generally familiarize themselves with which paint materials in their properties meet or exceed the defined thresholds, since those definitions govern whether federal lead-paint rules apply to a given surface or structure.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

42 U.S.C. § 4841 defines the key terms — including what legally qualifies as 'lead-based paint' — that underpin federal protections against lead-based paint hazards in housing. Tenants benefit from understanding that these definitions determine the scope of landlord disclosure and hazard-reduction obligations under the broader chapter. Those who believe a housing unit may contain lead-based paint as defined under § 4841 can explore options such as contacting a local housing authority, reaching out to a tenant-rights organization, or reviewing complaint processes available through relevant federal or state agencies.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 13, 2026
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Related Rules

§ 1437
Declaration of policy and public housing agency organization
§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.

Source Information

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