applicable individual who is subject to credentialing or a background investigation
(1) Applicable individual who is subject to credentialing or a background investigation The term “applicable individual who is subject to credentialing or a background investigation” means only an individual who— (A) because of employment is regulated by the Transportation Security Administration, Department of Transportation, or Coast Guard and is required to have a background records check to obtain a hazardous materials endorsement on a commercial driver’s license issued by a State under section 5103a of title 49 ; or (B) is required to have a credential and background records check under section 622(d)(2) of this title at a facility with activities that are regulated by the Transportation Security Administration, Department of Transportation, or Coast Guard.