; and (ii) the sponsor of the covered product is determined by the Secretary to have knowingly failed to make a disclosure required by paragraph (2) with respect to the covered product. (B) Ineligibility for FDA awards, funds, or other benefits If the sponsor of a covered product is determined by the Secretary to have knowingly failed to make a disclosure required by paragraph (2) with respect to the covered product, such sponsor shall be treated as ineligible for the award of any grant, cooperative agreement, or loan or for any new grant of emergency use authorization, expanded access, or approval or licensure of any product under section 351 of this Act or any provision of the Federal Food, Drug, and Cosmetic Act so long as such sponsor continues to be in violation of such requirement. (5) Enforcement against HHS for failure to disclose A party injured by a covered product with respect to which the Secretary failed to carry out the Secretary’s duties under paragraph (3) may bring an action in the appropriate district court of the United States for appropriate relief, including damages. .