; or (B) in the case of a denial of a claim for losses that is appealed to the Administrator, the date on which the claimant receives notice of a final determination upon appeal denying the claim in whole or in part. (2) Jurisdiction A court described in paragraph (1) shall have original exclusive jurisdiction to hear and determine an action under that paragraph without regard to the amount in controversy. . 408. Attorney fee shifting (a) Administrative appeals Subsection (d) of section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by section 404, is amended by adding at the end the following: (5) Awards for costs in administrative proceedings (A) In general If the claimant prevails in any appeal to the Administrator of the disallowance or partial disallowance of a claim for losses covered by flood insurance made available under this title, the Administrator shall award costs of the appeal, including attorney fees, any proceeding expenses, and engineering and other expert expenses, to the claimant. (B) Definition For purposes of this paragraph, the term prevail means to be awarded a greater amount by the Administrator than the amount of the last, best offer from the Administrator with respect to the claim of the claimant. . (b) Judicial review (1) Government program with industry assistance Subsection (b) of section 1341 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4072 ), as added by section 407, is amended by adding at the end the following: (3) Attorney fees and other litigation costs (A) In general If the claimant prevails in an action under this subsection, the court shall award reasonable costs of litigation, including attorney fees, litigation expenses, and engineering and other expert expenses, to the claimant. (B) Subrogation Any award under subparagraph (A) shall be paid by the Administrator and, upon such payment, the Administrator shall be subrogated to the rights of the claimant to recover such costs for which the Administrator has compensated the claimant