Volume 53 · 1146
Public Law 76–409
To provide for the registry of pursers and surgeons as staff officers on vessels of the United States, and for other purposes.
Approved August 1, 1939
Statutory text
AN ACT
To provide for the registry of pursers and surgeons as staff officers on vessels of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the. United States of America in Congress assembled,
That there shall be
Registry of pursers and surgeons as staff officers; grades.
registered staff officers in the United States merchant marine in the following grades: (1) Chief purser, (2) purser, (3) senior assistant purser, (4) junior assistant purser, and (5) surgeon. The Secretary of Commerce (in this Act called the Secretary) shall register, and issue certificates of registry to, qualified individuals applying for registry in such grades, as hereinafter provided, and every such individual when so registered and serving in the staff department on a vessel of the United States shall rank as a staff officer on such vessel. Officers registered under the provisions of this Act and pursers’ clerks
To constitute a separate department; pursers’ clerks included.
shall constitute a separate and independent department on vessels of the United States to be known as the staff department under the charge of the senior registered purser on such vessel, who shall be responsible solely to the master. On oceangoing vessels licensed to
Registered chief pursers.
carry more than one hundred passengers, such officer in charge of the staff department shall be a registered chief purser; and whenever more than three persons are employed in the staff department on such vessels, exclusive of surgeons, there shall be a minimum of one registered
Registered senior assistants and junior assistants.
senior assistant purser and one registered junior assistant purser in such staff department. No person shall be eligible for registry as a
Citizenship requirement.
staff officer under the provisions of this Act who is not a citizen of the United States.
Sec. 2.
No applicant for registry under the provisions of this Act
Qualifications.
shall be required to take an examination to qualify therefor, but the Secretary shall require satisfactory proof of good character, citizenship, and such minimum periods of service as he shall deem necessary to establish the requisite knowledge, skill, and experience to qualify applicants for the respective stations. Applicants for registry as
For registry as surgeons.
surgeon shall be required to possess a valid license as physician and surgeon issued under the authority of a State or Territory of the United States or the District of Columbia.
Sec. 3.
Each staff officer receiving a certificate of registry under the
Oath of office.
provisions of this Act shall make oath or affirmation before an officer empowered to administer oaths, to be designated by the Secretary, that he will faithfully and honestly perform all the duties required of him by law. No such staff officer shall be required to obtain any other certificate of service or efficiency or behavior as a condition of service in such capacity other than as herein provided.
Sec. 4.
Staff officers registered under the provisions of this
Staff officers members of Naval Reserve Corps, insignia on uniforms.
Act who are members of the Naval Reserve Corps shall wear on their uniforms such special distinguishing insignia as may be approved by the Secretary of the Navy.
The uniform stripes, decoration, or other insignia to be worn
Prescribed type, etc.
by such officers shall be of gold braid or woven gold or silver material, and no member of the ship’s crew other than such staff officers
Unlawful wearing.
shall be allowed to wear any uniform with such staff officer’s identifying insignia.
Sec. 5.
It shall be unlawful to employ any person or for any
Employment of unregistered staff officers unlawful; penalty.
person to serve in any grade or perform the duties of any grade specified in section 1 of this Act on any such vessel of the United States designated therein unless he shall be in bona fide possession of a certificate of registry, issued under the provisions of this Act, as an officer in such grade; and anyone violating this provision shall be liable to a penalty of $100 for each offense: Provided, That in
Provisos. If no registered staff officer available at time of sailing.
the event no registered staff officer is available and obtainable at the time of sailing, the vessel may sail with an unregistered staff officer or without any staff officer: Provided further, That such staff officer
Not included in inspection certificate. Penal provisions.
shall not be included in the vessel’s inspection certificate.
Any staff officer registered under the provisions of this Act
Altering, etc., certificate of registry.
who shall change by addition, interpolation, or erasure of any kind, any. certificate of registry referred to in this section shall have his registry and his certificate of registry revoked and be punished by a fine of not more than $100: Provided, That the provisions of this
Proviso. Exceptions.
Act shall not apply to any vessel of the United States operated on bays, sounds, inland waterways, and lakes, other than the Great Lakes, or to passenger ferries and car ferries operated on the Great Lakes.
Any registry or certificate of registry issued under the authority
Misconduct, etc.
of this Act to any staff officer shall be suspended or revoked upon satisfactory proof of bad conduct, inattention to his duties, or the willful violation of any provisions of this Act applicable to him, in the same manner and with like procedure as is provided in the case of suspension or revocation of licenses of officers under the provisions
R. S. § 4450.
46 U. S. C. § 239; Supp. IV, § 239(d)–(g).
of section 4450 of the Revised Statutes, as amended.
Sec. 6.
The sixth paragraph of section 4596 of the Revised Statutes,
R. S. § 4596.
as amended, is amended to read as follows:
“Sixth.
“Sixth. For assaulting any master, mate, pilot, engineer, or staff
Assault on master, etc.
officer, by imprisonment for not more than two years.”
Sec. 7.
The Secretary of Commerce shall prescribe rules and regulations
Rules and regulations.
to carry out the provisions of this Act.
Sec. 8.
As used in this Act the term “vessel of the United States”
Term construed.
shall mean any vessel registered, enrolled, or licensed under the laws of the United States, but shall not include a fishing or whaling vessel or a yacht.
Sec. 9.
The provisions of section 5 (a) of this Act shall take effect
Effective date of section 5 (a) provisions.
one year from the date of the enactment of this Act.
Approved, August 1, 1939.