I 

108TH CONGRESS 

1ST SESSION H. R. 1682

To amend title 36, United States Code, to grant a Federal charter to the 

Special Operations Warrior Foundation, Inc. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 9, 2003

Mr. KIRK (for himself and Mr. LARSEN of Washington) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL

To amend title 36, United States Code, to grant a Federal 

charter to the Special Operations Warrior Foundation, Inc.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Special Operations 

5 Warrior Foundation Charter Act’’. 

6 SEC. 2. CHARTER FOR SPECIAL OPERATIONS WARRIOR 

7 FOUNDATION. 

8 Part B of subtitle II of title 36, United States Code, 

9 is amended by inserting after chapter 2305 the following 

10 new chapter: 
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1 ‘‘CHAPTER 2306—SPECIAL OPERATIONS 

2 WARRIOR FOUNDATION 

3 ‘‘§ 230601. Definitions 

4 ‘‘For the purposes of this chapter—

5 ‘‘(1) the term ‘Special Operations personnel’ 

6 means all military personnel from all services as7 signed to the United States Special Operations Com8 mand of the Department of Defense or its successor 

9 commands or organizations. 

10 ‘‘(2) the term ‘State’ includes the District of 

11 Columbia and the territories and possessions of the 

12 United States. 

13 ‘‘§ 230602. Organization 

14 ‘‘(a) FEDERAL CHARTER.—The Special Operations 

15 Warrior Foundation (in this chapter, the ‘corporation’), 

16 a nonprofit corporation incorporated in the District of Co17 lumbia, is a federally chartered corporation. 

18 ‘‘(b) EXPIRATION OF CHARTER.—If the corporation 

19 does not comply with any provision of this chapter, the 

20 charter granted by this chapter expires. 

21 ‘‘§ 230603. Purposes 

22 ‘‘The purposes of the corporation are as provided in 

23 its bylaws and articles of incorporation and include the 

24 provision of scholarship grants and family, financial, and 

25 educational counseling to the families of Special Oper-
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1 ations personnel who have given their lives in patriotic 

2 service to their country. 

3 ‘‘§ 230604. Governing body 

4 ‘‘(a) BOARD OF DIRECTORS.—The board of directors 

5 is the governing body of the corporation. The composition 

6 of the board and its powers, duties, and responsibilities 

7 are as provided in the corporation’s bylaws and articles 

8 of incorporation. 

9 ‘‘(b) OFFICERS.—The officers and the election of offi10 cers of the corporation are as provided in its bylaws and 

11 articles of incorporation. 

12 ‘‘§ 230605. Powers 

13 ‘‘The corporation may—

14 ‘‘(1) adopt and amend bylaws for the manage15 ment of its property and the regulation of its affairs; 

16 ‘‘(2) adopt and alter the corporate seal; 

17 ‘‘(3) choose officers, managers, and agents as 

18 the activities of the corporation require; 

19 ‘‘(4) solicit, accept, and use to carry out the 

20 purposes of the corporation any appropriations, 

21 grants, funds, contributions in cash or in-kind, or 

22 property from the government of the United States, 

23 State and local governments, charitable or edu24 cational organizations, foundations, public and pri25 vate corporations, and individuals; 
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1 ‘‘(5) make contracts; 

2 ‘‘(6) acquire, own, lease, encumber, and trans3 fer property as necessary or convenient to carry out 

4 the purposes of the corporation; 

5 ‘‘(7) borrow money, issue instruments of indebt6 edness, and secure its obligations by granting secu7 rity interests in its property; 

8 ‘‘(8) sue and be sued; and 

9 ‘‘(9) do any other act necessary and proper to 

10 carry out the purposes of the corporation. 

11 ‘‘§ 230606. Support by the Departments of Defense 

12 and Veterans Affairs 

13 ‘‘(a) IN GENERAL.—The Department of Defense, the 

14 Department of Veterans Affairs, and any other Federal 

15 departments or agencies as may be necessary and appro16 priate, may provide such assistance to the corporation as 

17 is required to accomplish the purposes of the corporation. 

18 ‘‘(b) INFORMATION.—The Departments of Defense 

19 and Veterans Affairs shall provide such information to the 

20 corporation as shall enable the corporation to provide 

21 timely benefits to the surviving families of any Special Op22 erations personnel killed in the line of duty. The informa23 tion shall include all the data recorded on any casualty 

24 report on the decedent and the names, addresses, and tele25 phone numbers of the decedent’s surviving children and 
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1 the names, addresses, and telephone numbers of the par2 ent or legal guardians of the decedent’s surviving children. 

3 ‘‘(c) LOGISTICS.—The Department of Defense may 

4 provide logistical support to the corporation. 

5 ‘‘§ 230607. Exclusive right to name, seals, emblems, 

6 and badges 

7 ‘‘The corporation shall have the exclusive right to use 

8 the name ‘Special Operations Warrior Foundation’ and 

9 any seals, emblems, and badges the corporation adopts. 

10 ‘‘§ 230608. Restrictions 

11 ‘‘(a) STOCKS AND DIVIDENDS.—The corporation may 

12 not issue stock or declare or pay a dividend. 

13 ‘‘(b) POLITICAL ACTIVITIES.—The corporation, or a 

14 director or officer of the corporation, as such, may not 

15 contribute to, support, or participate in any political activ16 ity. 

17 ‘‘(c) DISTRIBUTION OF INCOME OR ASSETS.—The in18 come or assets of the corporation may not inure to the 

19 benefit of, or be distributed to, a director or officer during 

20 the life of the charter granted by this chapter. This sub21 section does not prevent the payment of reasonable com22 pensation to an officer or director or reimbursement for 

23 actual and necessary expenses incurred by an officer or 

24 director in amounts approved by the board of directors. 
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1 ‘‘(d) LOANS.—The corporation may not make a loan 

2 to any director, officer, or employee. 

3 ‘‘§ 230609. Duty to maintain corporate and tax-ex4 empt status 

5 ‘‘(a) CORPORATE STATUS.—The corporation shall 

6 maintain its status as a corporation incorporated under 

7 the laws of the District of Columbia. 

8 ‘‘(b) TAX-EXEMPT STATUS.—The corporation shall 

9 maintain its status as an organization exempt from tax10 ation under the Internal Revenue Code of 1986 (26 U.S.C. 

11 1 et seq.). 

12 ‘‘§ 2306010. Records 

13 ‘‘The corporation shall keep correct and complete 

14 records of account and minutes of the proceedings of its 

15 board of directors and committees having any of the au16 thority of its board of directors. 

17 ‘‘§ 2306011. Liability for acts of officers and agents 

18 ‘‘The corporation is liable for the acts of its officers 

19 and agents acting within the scope of their authority. 

20 ‘‘§ 2306012. Annual report 

21 ‘‘The corporation shall submit an annual report to 

22 Congress on the activities of the corporation during the 

23 prior fiscal year. The report shall be submitted at the 

24 same time as the report of the audit required by section 

25 10101 of this title.’’. 
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1 SEC. 3. CLERICAL AMENDMENT. 

2 The table of chapters at the beginning of subtitle II 

3 of title 36, United States Code, is amended by inserting 

4 after the item relating to chapter 2305 the following new 

5 item:

‘‘2306. Special Operations Warrior Foundation ......................................230601’’.

Æ