36 U.S.C. § 301: National anthem

Summary

The song called "The Star-Spangled Banner" is the national anthem. When the anthem is played and the flag is shown, people in uniform should give the military salute at the first note and keep it until the last note. Service members and veterans not in uniform may also salute if they want. Everyone else should face the flag, stand at attention, and place their right hand over their heart; men not in uniform should remove their hat with their right hand and hold it at the left shoulder with the hand over the heart. If the flag is not shown, people should face the music and act the same way.

Title 36, §301

Patriotic and National Observances, Source: USLM XML via OLRC

(a)Designation.—

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

(b)Conduct During Playing.—

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