---
kind: "section"
citation: "42 U.S.C. § 1716"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1716"
heading: "Presumption of death or detention"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1716"
units:
  - "Chapter 12 — Compensation for Injury, Death, or Detention of Employees of Contractors with United States Outside United States"
  - "Subchapter II — Miscellaneous Provisions"
---

# §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](/usc/42/1711.md?p=c) 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.)

## Notes

### Editorial Notes

### Amendments

1958—Pub. L. 85–608 substituted “a hostile force or person” for “the enemy”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1958 Amendment

Amendment by Pub. L. 85–608 effective June 30, 1958, see section 402 of Pub. L. 85–608, set out as a note under section 1651 of this title.