; (ii) the impact of the violation on the proceeding; (iii) whether the violation resulted from innocent error, negligence, recklessness, or knowing conduct; and (iv) the effectiveness of alternative remedies to protect the interest of the defendant and of the public in assuring fair prosecutions and proceedings. (2) Defendant’s costs (A) In general If the court grants relief under paragraph (1) on a finding that the violation of subsection (b) or subsection (c) was due to negligence, recklessness, or knowing conduct by the United States, the court may order that the defendant, the attorney for the defendant, or, subject to paragraph (D), a qualifying entity recover from the United States the costs and expenses incurred by the defendant, the attorney for the defendant, or the qualifying entity as a result of the violation, including reasonable attorney’s fees (without regard to the terms of any fee agreement between the defendant and the attorney for the defendant). (B) Qualifying entities In this paragraph, the term qualifying entity means— (i) a Federal Public Defender Organization; (ii) a Community Defender Organization; and (iii) a fund established to furnish representation to persons financially unable to obtain adequate representation in accordance with section 3006A. (C) Source of payments for costs and expenses Costs and expenses ordered by a court under subparagraph (A)— (i) shall be paid by the Executive agency, as defined in section 105 of title 5, that brings the criminal prosecution on behalf of the United States, from funds appropriated to that Executive agency; and (ii) may not be paid from the appropriation under section 1304 of title 31. (D) Payments to qualifying entities Costs and expenses ordered by the court under subparagraph (A) to a qualifying entity shall be paid— (i) to the Community Defender Organization that provided the appointed attorney