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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Special Operations 
Warrior Foundation Charter Act’’. 
SEC. 2. CHARTER FOR SPECIAL OPERATIONS WARRIOR 
FOUNDATION. 
Part B of subtitle II of title 36, United States Code, 
is amended by inserting after chapter 2305 the following 
new chapter:
‘‘CHAPTER 2306—SPECIAL OPERATIONS 
WARRIOR FOUNDATION 
‘‘§ 230601. Definitions 
‘‘For the purposes of this chapter—
‘‘(1) the term ‘Special Operations personnel’ 
means all military personnel from all services as-
signed to the United States Special Operations Com-
mand of the Department of Defense or its successor 
commands or organizations. 
‘‘(2) the term ‘State’ includes the District of 
Columbia and the territories and possessions of the 
United States. 
‘‘§ 230602. Organization 
‘‘(a) FEDERAL CHARTER.—The Special Operations 
Warrior Foundation (in this chapter, the ‘corporation’), 
a nonprofit corporation incorporated in the District of Co-
lumbia, is a federally chartered corporation. 
‘‘(b) EXPIRATION OF CHARTER.—If the corporation 
does not comply with any provision of this chapter, the 
charter granted by this chapter expires. 
‘‘§ 230603. Purposes 
‘‘The purposes of the corporation are as provided in 
its bylaws and articles of incorporation and include the 
provision of scholarship grants and family, financial, and 
educational counseling to the families of Special Oper-
ations personnel who have given their lives in patriotic 
service to their country. 
‘‘§ 230604. Governing body 
‘‘(a) BOARD OF DIRECTORS.—The board of directors 
is the governing body of the corporation. The composition 
of the board and its powers, duties, and responsibilities 
are as provided in the corporation’s bylaws and articles 
of incorporation. 
‘‘(b) OFFICERS.—The officers and the election of offi-
cers of the corporation are as provided in its bylaws and 
articles of incorporation. 
‘‘§ 230605. Powers 
‘‘The corporation may—
‘‘(1) adopt and amend bylaws for the manage-
ment of its property and the regulation of its affairs; 
‘‘(2) adopt and alter the corporate seal; 
‘‘(3) choose officers, managers, and agents as 
the activities of the corporation require; 
‘‘(4) solicit, accept, and use to carry out the 
purposes of the corporation any appropriations, 
grants, funds, contributions in cash or in-kind, or 
property from the government of the United States, 
State and local governments, charitable or edu-
cational organizations, foundations, public and pri-
vate corporations, and individuals;
‘‘(5) make contracts; 
‘‘(6) acquire, own, lease, encumber, and trans-
fer property as necessary or convenient to carry out 
the purposes of the corporation; 
‘‘(7) borrow money, issue instruments of indebt-
edness, and secure its obligations by granting secu-
rity interests in its property; 
‘‘(8) sue and be sued; and 
‘‘(9) do any other act necessary and proper to 
carry out the purposes of the corporation. 
‘‘§ 230606. Support by the Departments of Defense 
and Veterans Affairs 
‘‘(a) IN GENERAL.—The Department of Defense, the 
Department of Veterans Affairs, and any other Federal 
departments or agencies as may be necessary and appro-
priate, may provide such assistance to the corporation as 
is required to accomplish the purposes of the corporation. 
‘‘(b) INFORMATION.—The Departments of Defense 
and Veterans Affairs shall provide such information to the 
corporation as shall enable the corporation to provide 
timely benefits to the surviving families of any Special Op-
erations personnel killed in the line of duty. The informa-
tion shall include all the data recorded on any casualty 
report on the decedent and the names, addresses, and tele-
phone numbers of the decedent’s surviving children and
the names, addresses, and telephone numbers of the par-
ent or legal guardians of the decedent’s surviving children. 
‘‘(c) LOGISTICS.—The Department of Defense may 
provide logistical support to the corporation. 
‘‘§ 230607. Exclusive right to name, seals, emblems, 
and badges 
‘‘The corporation shall have the exclusive right to use 
the name ‘Special Operations Warrior Foundation’ and 
any seals, emblems, and badges the corporation adopts. 
‘‘§ 230608. Restrictions 
‘‘(a) STOCKS AND DIVIDENDS.—The corporation may 
not issue stock or declare or pay a dividend. 
‘‘(b) POLITICAL ACTIVITIES.—The corporation, or a 
director or officer of the corporation, as such, may not 
contribute to, support, or participate in any political activ-
ity. 
‘‘(c) DISTRIBUTION OF INCOME OR ASSETS.—The in-
come or assets of the corporation may not inure to the 
benefit of, or be distributed to, a director or officer during 
the life of the charter granted by this chapter. This sub-
section does not prevent the payment of reasonable com-
pensation to an officer or director or reimbursement for 
actual and necessary expenses incurred by an officer or 
director in amounts approved by the board of directors.
‘‘(d) LOANS.—The corporation may not make a loan 
to any director, officer, or employee. 
‘‘§ 230609. Duty to maintain corporate and tax-ex-
empt status 
‘‘(a) CORPORATE STATUS.—The corporation shall 
maintain its status as a corporation incorporated under 
the laws of the District of Columbia. 
‘‘(b) TAX-EXEMPT STATUS.—The corporation shall 
maintain its status as an organization exempt from tax-
ation under the Internal Revenue Code of 1986 (26 U.S.C. 
1 et seq.). 
‘‘§ 2306010. Records 
‘‘The corporation shall keep correct and complete 
records of account and minutes of the proceedings of its 
board of directors and committees having any of the au-
thority of its board of directors. 
‘‘§ 2306011. Liability for acts of officers and agents 
‘‘The corporation is liable for the acts of its officers 
and agents acting within the scope of their authority. 
‘‘§ 2306012. Annual report 
‘‘The corporation shall submit an annual report to 
Congress on the activities of the corporation during the 
prior fiscal year. The report shall be submitted at the 
same time as the report of the audit required by section 
10101 of this title.’’.
SEC. 3. CLERICAL AMENDMENT. 
The table of chapters at the beginning of subtitle II 
of title 36, United States Code, is amended by inserting 
after the item relating to chapter 2305 the following new 
item:
‘‘2306. Special Operations Warrior Foundation ......................................230601’’.
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