On June 30, 2011, the United States Sentencing Commission voted to give retroactive effect to its proposed permanent amendment to the federal sentencing guidelines that implements the Fair Sentencing Act of 2010. Both the amendment and the retroactivity provision will become effective on November 1, 2011, absent Congressional disapproval.

New representation types of "CK2" and "AA2" for "appeals - crack cocaine retroactive amendment" for the CJA Panel Attorney Payment System have been created. The case maximum for panel attorney compensation is $2,100 (appeals from "other representations").