Exception: Servicemembers and veterans not in uniform may render a salute during the hoisting, lowering or passing of the flag; this was changed by the 2008 Defense Authorization Act; Congress realized they omitted the National Anthem and have added an amendment to the Department of Defense Authorization Act for Fiscal year 2009 (S. 3002, section 1081) to amend title 36, USC, to allow veterans and servicemembers not in uniform to salute during the National Anthem if they so desire.

SEC. 595. MILITARY SALUTE FOR THE FLAG DURING THE NATIONAL ANTHEM
BY MEMBERS OF THE ARMED FORCES NOT IN
UNIFORM AND BY VETERANS.

Section 301(b)(1) of title 36, United States Code, is amended by
striking subparagraphs (A) through (C) and inserting the following new
subparagraphs:
``(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;