U.S. Code » Title 36 » Subtitle Subtitle I— Patriotic and National Observances and Ceremonies › Part Part A— Observances and Ceremonies › Chapter CHAPTER 3— NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM, MARCH, TREE, AND BIRD

36 U.S.C. § 301

National anthem

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(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.

Editorial NotesAmendments

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”.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2001–2026 · leading case: Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1 (2004).
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Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1 (2004). · cites it 2× “36 U. S. C. § 301 and Historical and Revision Notes.”
Newdow v. U.S. Cong., 328 F.3d 466 (9th Cir. 2002). · cites it 2× “Generally, the Pledge is recited while standing, facing a United States flag, with the right hand held over the heart, much like the National Anthem.”
Altman v. Bedford Cent. Sch. Dist., 245 F.3d 49 (2d Cir. 2001). “36 U.S.C. § 301 (b)(1) (Supp. IV 1998). Similar requirements are imposed for stances when the flag is hoisted, lowered, or passed.”
Am. Civil Liberties Union v. Capitol Square Review & Advisory Bd., 243 F.3d 289 (6th Cir. 2001). · cites it 3× “1508 ), codified at 36 U.S.C. § 301 . The 1931 Act officially designates as the national anthem “[t]he composition consisting of the words and music known as the Star-Spangled Banner.”
Nathan v. Alamo Heights ISD (5th Cir. 2026). “49 See 36 U.S.C. § 301 (making “the Star-Spangled Banner .”
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