42 USC § 1716 - Presumption of death or detention

---
identifier: "/us/usc/t42/s1716"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 1716 - Presumption of death or detention"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "1716"
section_name: "Presumption of death or detention"
chapter_number: 12
chapter_name: "COMPENSATION FOR INJURY, DEATH, OR DETENTION OF EMPLOYEES OF CONTRACTORS WITH UNITED STATES OUTSIDE UNITED STATES"
subchapter_number: "II"
subchapter_name: "MISCELLANEOUS PROVISIONS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Dec. 2, 1942, ch. 668, title II, § 206, 56 Stat. 1034; Pub. L. 85–608, title I, § 104, Aug. 8, 1958, 72 Stat. 537.)"
---


# § 1716. Presumption of death or detention

A determination that an individual is dead or a determination that he has been detained by a hostile force or person may be made on the basis of evidence that he has disappeared under circumstances such as to make such death or detention appear probable.

---

**Source Credit**: (Dec. 2, 1942, ch. 668, title II, § 206, 56 Stat. 1034; Pub. L. 85–608, title I, § 104, Aug. 8, 1958, 72 Stat. 537.)

## Editorial Notes

### Amendments

1958— substituted “a hostile force or person” for “the enemy”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1958 Amendment

Amendment by  effective , see , set out as a note under .