; and (B) does not include listed agents or toxins (as defined in section 212(l) of the Agricultural Bioterrorism Protection Act of 2002 ( 7 U.S.C. 8401(l) )). (2) Covered unauthorized release The term covered unauthorized release means an unauthorized release of a covered microorganism, including such a release that a responsible party suspects took place. (3) Pilot program The term pilot program means the pilot program established under subsection (b). (4) Plant pest risk The term plant pest risk has the meaning given such term in section 340.3 of title 7, Code of Federal Regulations (or successor regulations). (5) Responsible party The term responsible party means a partnership, corporation, association, joint venture, or other legal entity that— (A) has a physical address in the United States; (B) is not owned by or otherwise affiliated with the government of a country of concern (as defined in section 10638 of the CHIPS Act of 2022 ( 42 U.S.C. 19237 )); (C) has more than 1 responsible party biocontainment facility; (D) employs quality control personnel that are capable of overseeing the movement and control of covered microorganisms; (E) has, in each of the 3 years preceding enrollment in the pilot program, moved plant pests pursuant to permits granted by the Secretary under this Act; (F) has the ability and resources to ensure compliance with the requirements under subsection (e) for the duration of the pilot program; (G) has implemented the precautions specified in subsection (e) to prevent the unauthorized release of covered microorganisms; and (H) has not, during the 5-year period preceding the date on which the relevant application is submitted under subsection (c)— (i) caused an unauthorized release of a plant pest; (ii) materially failed to comply with a permit granted by the Secretary for the interstate movement of plant pests