2011 US Code
Title 36 - Patriotic and National Observances, Ceremonies, Andorganizations
Subtitle I - Patriotic and National Observances and Ceremonies (§§ 101 - 2502)
Part A - Observances and Ceremonies (§§ 101 - 903)
Chapter 3 - NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM1 MARCH, AND TREE (§§ 301 - 305)
Section 301 - National anthem

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Metadata
Publication TitleUnited States Code, 2006 Edition, Supplement 5, Title 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, ANDORGANIZATIONS
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, ANDORGANIZATIONS
Subtitle I - Patriotic and National Observances and Ceremonies
Part A - Observances and Ceremonies
CHAPTER 3 - NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM1 MARCH, AND TREE
Sec. 301 - National anthem
Containssection 301
Date2011
Laws in Effect as of DateJanuary 3, 2012
Positive LawYes
Dispositionstandard
Source CreditPub. L. 105-225, Aug. 12, 1998, 112 Stat. 1263; Pub. L. 110-417, [div. A], title V, §595, Oct. 14, 2008, 122 Stat. 4475.
Statutes at Large References46 Stat. 1508
56 Stat. 380, 1077
90 Stat. 812
112 Stat. 1263
122 Stat. 4475
Public Law ReferencesPublic Law 94-344, Public Law 105-225, Public Law 110-417

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36 USC § 301 (2011)
§301. National anthem

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263; Pub. L. 110–417, [div. A], title V, §595, Oct. 14, 2008, 122 Stat. 4475.)

Historical and Revision Notes
Revised

Section

Source (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.
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”.

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