; (B) the responsible party has materially failed to comply with the requirements under subsection (e); or (C) as a result of a failure by a responsible party under subparagraph (B), the responsible party caused a covered unauthorized release during the pilot program. (2) Disenrollment decision If the Secretary terminates the enrollment of a responsible party under paragraph (1), the Secretary shall submit that decision in writing to the responsible party. (3) Appeal The appeal process described in subsection (d)(3) shall apply in the case of a responsible party that seeks to appeal a termination of enrollment under paragraph (1). (j) Termination The pilot program shall terminate on the date that is 3 years after the date on which the Secretary completes the application selection process under subsection (d)(1)(B). (k) Report Not later than 6 months after the date of termination of the pilot program described in subsection (j), the Secretary shall submit to Congress a report that describes— (1) the activities carried out under the pilot program, including— (A) the quantities and identities of covered microorganisms that were moved; and (B) a description of any unauthorized release of covered microorganisms that were moved, including a description of the cause and consequence of any unauthorized release; and (2) recommendations on— (A) whether the pilot program should become a permanent program; and (B) whether, as a permanent program, changes should be made to the criteria for a responsible party under subsection (a)(5) or to the requirements under subsection (e). . B Marketing 10101. Marketing orders Section 8e(a) of the Agricultural Adjustment Act ( 7 U.S.C. 608e–1(a) ), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended— (1) by inserting almonds, after onions,