(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 from any insurance company or other insurer or insurance adjustment organization that may be responsible for the disallowance or partial disallowance of the claim. (C) Definition For purposes of this paragraph, the term prevail means to be awarded a greater amount by the court than the amount of the last, best offer from the Administrator with respect to the claim of the claimant. . (2) Industry program with Federal financial assistance Subsection (b) of section 1333 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4053 ), as amended 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 from any company or other insurer responsible for the disallowance or partial disallowance of the claim. (C) Definition For purposes of this paragraph, the term prevail means to be awarded a greater amount by the court than the amount of the last, best offer from the insurer or Administrator with respect to the claim of the claimant. . 409. DOJ defense against policyholder lawsuits Subsection (b) of section 1341 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4072 ), as amended by section 408, is amended by adding at the end the following: (4) Representation by Department of Justice If a claimant institutes an action under this