; and (II) remain available until expended. (d) Appeals (1) In general Not later than 90 days after the date on which the Attorney General denies an application under subsection (c)(3), the licensed manufacturer may appeal the determination by filing an appeal with the Attorney General. (2) Review by Attorney General Not later than 180 days after the date on which an appeal is filed under paragraph (1), the Attorney General shall issue a written determination upholding or revising the denial of the application. (3) Judicial review (A) In general Upon a determination by the Attorney General to uphold the denial of an application under paragraph (2), the licensed manufacturer may file a petition for review of the determination in the appropriate district court of the United States. (B) Standard of proof In a review conducted under subparagraph (A), the court may set aside the determination if the determination is found to be arbitrary and capricious. (e) Private right of action (1) In general If the Attorney General, acting through the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, removes any gas-operated semi-automatic firearm from the list of gas-operated semi-automatic firearms required under subsection (a), any person may file an action in an appropriate district court of the United States for review of such removal. (2) Standard of proof In a review conducted under paragraph (1), the court may grant the petitioner injunctive relief if the determination is found to be arbitrary and capricious. (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section, and any amounts so appropriated shall remain available until expended. . (b) Table of sections The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 934 the following: 935. Prohibited firearm determinations. .