**§1.519 Lists of names and addresses.**

\(a\) Any organization wanting a list of names and addresses of present
or former personnel of the armed services and their dependents from the
Department of Veterans Affairs must make written application to the
Department of Veterans Affairs Controller, except lists of educationally
disadvantaged veterans should be requested from the Director of the
nearest regional office. The application must:

\(1\) Clearly identify the type or category of names and addresses
sought;

\(2\) Furnish proof satisfactory to the Department of Veterans Affairs
that the organization seeking the list is a "nonprofit organization."
Normally, evidence establishing that the organization is exempt from
taxation in accordance with the provisions of 26 U.S.C. 501 or is a
governmental body or institution will be accepted as satisfying this
criteria;

\(3\) Contain a statement clearly setting forth the purpose for which
the list is sought, the programs and the resources the organization
proposes to devote to this purpose, and establish how such purpose is
"directly connected with the conduct of programs and the utilization of
benefits" under title 38, U.S.C.; and

\(4\) Contain a certification that the organization, and all members
thereof who will have access to the list, are aware of the penalty
provisions of 38 U.S.C. 5701(f) and will not use the list for any
purpose other than that stated in the application.

\(b\) If the Director of the regional office concerned finds that the
organization requesting the list of names and addresses of educationally
disadvantaged veterans is a nonprofit organization and operates an
approved program of special secondary, remedial, preparatory or other
educational or supplementary assistance to veterans as provided under
subchapter V, title 38 U.S.C., then he or she may authorize the release
of such names and addresses to the organization requesting them.

\(c\) The Associate Deputy Assistant Secretary for Information
Resources, with the concurrence of the General Counsel, is authorized to
release lists of names and addresses to organizations which have applied
for such lists in accordance with paragraph (a) of this section if he or
she finds that the purpose for which the organization desires the names
and addresses is directly connected with the conduct of programs and the
utilization of benefits under title 38 U.S.C. Lists of names and
addresses authorized to be released pursuant to this paragraph shall not
duplicate lists released to other elements, segments, or chapters of the
same organization.

\(d\) If the list requested is one that the Department of Veterans
Affairs has previously compiled or created, in the same format, to carry
out one or more of its basic program responsibilities and it is
determined that it can be released, the list may be furnished without
charge. For other types of lists, a charge will be made in accordance
with the provisions of §1.526.

\(e\) Upon denial of a request, the Department of Veterans Affairs
Controller or Regional Office Director will inform the requester in
writing of the denial and the reasons therefor and advise the
organization that it may appeal the denial to the General Counsel. In
each instance of a denial of a request, the denial and the reasons
therefor will be made a matter of record.

\(f\) Section 5701(f), title 38 U.S.C., provides that any organization,
or member thereof, which uses the names and addresses furnished it for
any purpose other than one directly connected with the conduct of
programs and the utilization of benefits under title 38 U.S.C., shall be
fined not more than \$500 in the case of the first offense and not more
than \$5,000 in the case of the subsequent offenses. Any instance in
which there is evidence of a violation of these penal provisions will be
reported in accordance with §14.560. (Approved by the Office of
Management and Budget under control number 2900--0438)

\[38 FR 15601, June 14, 1973, as amended at 46 FR 62059, Dec. 22, 1981;
49 FR 32848, Aug. 17, 1984; 56 FR 59218, Nov. 25, 1991; 57 FR 31007,
July 13, 1992\]