§301 — Title 36 Patriotic and National Observances | U.S. Code

Summary

The Star-Spangled Banner is the national anthem. If the flag is displayed during it, people in uniform must salute from the first to the last note; members of the Armed Forces and veterans not in uniform may also salute. Everyone else should face the flag, stand at attention with the right hand over the heart; men not in uniform should remove their hat with the right hand and hold it at the left shoulder. If the flag is not displayed, face the music and act the same.

Title 36, §301

Patriotic and National Observances — Source: USLM XML via OLRC

(a)The composition consisting of the words and music known as the Star-Spangled Banner is the national anthem.

(b)During a rendition of the national anthem—

(1)when the flag is displayed—

(A)individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note;

(B)members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; and

(C)all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart; and

(2)when the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 301(a)36:170.Mar. 3, 1931, ch. 436, 46 Stat. 1508. 301(b)36:171.June 22, 1942, ch. 435, § 6, 56 Stat. 380; Dec. 22, 1942, ch. 806, § 6, 56 Stat. 1077; July 7, 1976, Pub. L. 94–344, § 1(18), 90 Stat. 812.

Editorial Notes

Amendments

2008—Subsec. (b)(1)(A) to (C). Pub. L. 110–417 added subpars. (A) to (C) and struck out former subpars. (A) to (C) which read as follows: “(A) all present except those in uniform should stand at attention facing the flag with the right hand over the heart; “(B) men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart; and “(C) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note; and”.

§301 National anthem