SUBCHAPTER 6E.-STAFF OFFICERS

Registration of pursers and surgeons; creation of staff departments on vessels; medical division; purser's division

46 U.S.C. 242

There shall be 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, (5) surgeon, and (6) professional nurse. The Commandant of the Coast Guard (in sections 242-248 of this title called the Commandant) 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 sections 242-248 of this title and pursers' clerks and such persons as may be assigned to the senior registered surgeon shall constitute a separate and independent department on vessels of the United States to be known as the staff department. Such staff department shall be composed of a medical division and a purser's division. The medical division shall be under the charge of the senior registered surgeon on such vessel, who shall be responsible solely to the master. The purser's division shall be under the charge of the senior registered purser on such vessel, who shall be responsible solely to the master. On oceangoing vessels licensed to carry more than one hundred passengers, such officer in charge of the purser's division of the staff department shall be a registered chief purser; and whenever more than three persons are employed in the purser's division of the staff department of such vessels, there shall be a minimum of one registered senior assistant purser and one registered junior assistant purser in such purser's division of that staff department. No person shall be eligible for registry as a staff officer under the provisions of sections 242-248 of this title who is not a citizen of the United States.

Registration of pursers and surgeons; creation of staff departments on vessels; medical division; purser's division; qualifications

46 U.S.C. 243

No applicant for registry under the provisions of sections 242–248 of this title shall be required to take an examination to qualify therefor, but the Commandant 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 surgeon or professional nurse shall be required to possess a valid license as physician and surgeon or registered nurse issued under the authority of a State or Territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.

Registration of pursers and surgeons; creation of staff departments on vessels; medical division; purser's division; oath or affirmation

46 U.S.C. 244

Each staff officer receiving a certificate of registry under the provisions of sections 242-248 of this title shall make oath or affirmation before an officer empowered to administer oaths, to be designated by the Commandant, 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.

Registration of pursers and surgeons; creation of staff departments on vessels; medical division; purser's division; members of Naval Reserve, insignia

46 U.S.C. 245

(a) Staff officers registered under the provisions of sections 242– 248 of this title who are members of the Naval Reserve shall wear on their uniforms such special distinguishing insignia as may be approved by the Secretary of the Navy.

(b) The uniform stripes, decoration, or other insignia to be worn 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 shall be allowed to wear any uniform with such staff officer's identifying insignia.

Registration of pursers and surgeons; creation of staff departments on vessels; medical division; purser's division; offenses; penalties; Great Lakes.

46 U.S.C. 246

(a) It shall be unlawful to employ any person or for any person to serve in any grade or perform the duties of any grade specified in section 242 of this title 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 sections 242248 of this title, 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 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 shall not be included in the vessel's inspection certificate.

(b) Any staff officer registered under the provisions of sections 242-248 of this title 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 said sections 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.

(c) Any registry or certificate of registry issued under the authority of sections 242-248 of this title 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 said sections 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 of section 239 of this title. Registration of pursers and surgeons; creation of staff departments on vessels; medical divisions; purser's division; rules and regulations

46 U.S.C. 247

The Commandant of the Coast Guard shall prescribe rules and regulations to carry out the provisions of sections 242-248 of this title.

Registration of pursers and surgeons; creation of staff departments on vessels; medical divisions; vessel of the United States defined

46 U.S.C. 248

As used in sections 242-248 of this title the term "vessel of the United States" 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 yacht.

SUBCHAPTER 6F.-MERCHANT SEAMEN

Continuous discharge book and certificate of identification

46 U.S.C. 643 (R.S. 4551)

(a) Every seaman upon a merchant vessel of the United States of the burden of one hundred gross tons or upward, except vessels employed exclusively in trade on the navigable rivers of the United States, shall be furnished, at the option of the seaman, with a book to be known as a continuous discharge book or with a certificate of identification, which book or certificate shall be retained by the seaman and shall contain the signature of the seaman to whom it is so furnished and a statement of his nationality, age, personal description, photograph, thumbprint, and home address. Such books or certificates shall be issued by the Coast Guard officials to whom the duties of shipping commissioners have been delegated, or, at ports where no such Coast Guard officials have been appointed, by collectors or deputy collectors of customs, in such manner and form as the Commandant of the Coast Guard shall determine. Any individual, firm, partnership, corporation, or association which shall issue any such book or certificate, or make any statement or endorsement therein, except as authorized by the provisions of this section, or issue any imitation of any such book or certificate, shall be deemed guilty of a misdemeanor and shall be imprisoned not less than one month nor more than three months, in the discretion of the court. (b) Any person applying for such book or certificate and claiming to be a citizen of the United States shall furnish satisfactory evidence of such citizenship.

(c) No seaman shall be employed on any vessel to which this section applies until he has exhibited a certificate of identification or a continuous discharge book to the Coast Guard officials to whom the duties of shipping commissioner have been delegated, or in cases where seamen are not signed on before such Coast Guard official, to the master of the vessel: Provided, That the provisions of this subsection shall not apply to the employment of seamen at a foreign port or place, in which case seamen so employed shall be furnished. a continuous discharge book or a certificate of identification, in accordance with the provisions of subsection (a) of this section, at the first port of entry in the United States or its territories at which the vessel arrives after such seamen are so employed.

(d) Upon the discharge of any seaman and the payment of his wages, the Coast Guard official to whom the duties of shipping commissioner have been delegated shall enter in the continuous discharge book of such seaman, if the seaman carries such a book, the name and official number of the vessel, the nature of the voyage (foreign, intercoastal, or coastwise), the class to which the vessel belongs (steam, motor, sail, or barge), the date and place of the shipment and of the discharge of such seaman, the rating (capacity in which employed) then held by such seaman, and the signature of the person making such entries and nothing more.

(e) For the purpose of furnishing evidence of sea service in the case of seamen preferring the certificate of identification instead of

the continuous discharge book, the Coast Guard shall provide a certificate of discharge, printed on durable paper, in such form as to specify the name and citizenship of the seaman to whom it is issued, the serial number of his certificate of identification, the name and official number of the vessel, the nature of the voyage (foreign, intercoastal or coastwise), the class to which the vessel belongs (steam, motor, sail, or barge), the date and place of the shipment and of the discharge of such seaman, and the rating (capacity in which employed) then held by such seaman. Records of service entered in either continuous discharge books or certificates of discharge shall contain no reference to the character or ability of the seaman. The Coast Guard official to whom the duties of shipping commissioner have been delegated shall issue such certificate of discharge and make the proper entries therein, which certificate shall be signed by the seaman to whom it is issued and the master of the vessel and shall be witnessed by such Coast Guard official.

(f) There shall be maintained in the Coast Guard, District of Columbia, a record of every continuous discharge book, certificate of identification, certificate of discharge, and any other certificate issued by the Coast Guard, together with the name and address of the seaman to whom it is issued and of his next of kin, and certified copies of all entries made in continuous discharge books or certificates of discharge, which entries shall be forwarded to the Coast Guard by the Coast Guard official to whom the duties of shipping commissioner have been delegated or other person making such entries in accordance with the provisions of this section. Records so maintained shall not be open for general or public use or inspection.

(g) Any person, partnership, company, or corporation who shall require any seaman employed or applying for employment to possess, produce, or carry a continuous discharge book, if and when such seaman possesses or carries an identification certificate, or to carry an identification certificate, if and when such seaman possesses and carries a continuous discharge book, or who shall exchange or give to any other person, partnership, company, or corporation information to cause discrimination against a seaman for electing to carry either an identification certificate or a continuous discharge book, or to prevent a seaman from obtaining employment on that account, shall be deemed guilty of a misdemeanor; and, on conviction thereof, shall be punishable by a fine of not more than $1,000 or imprisonment for not more than one year, at the discretion of the court.

Seamen shall apply for certificates of identification or continuous discharge books hereunder; and if any application contains any statement known by the applicant to be false, he shall be deemed guilty of a misdemeanor and, on conviction thereof before any district court of the United States, shall be fined not more than $1,000 or imprisoned for not more than one year, in the discretion of the

court.

(h) In case of the loss of a continuous discharge book, a certificate of identification, or of any certificate of discharge by shipwreck or other casualty, the seaman shall be supplied with a duplicate of such continuous discharge book, certificate of identification, or certificate of discharge in which shall be entered all data that may be.