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

Summary

Names the Star‑Spangled Banner the national anthem; when it plays with the flag shown, people in uniform must salute from first to last note; service members and veterans out of uniform may salute. Others must face the flag or music, stand at attention, right hand over heart; men out of uniform should remove hats and hold them over left shoulder.

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