; ; and (3) in paragraph (3), by inserting including a fentanyl-related substance as defined in schedule I(e) of section 202(c) of the Controlled Substances Act, after a controlled substance in schedule I or II, . 5. Removal from schedule I of fentanyl-related substances Section 201 of the Controlled Substances Act ( 21 U.S.C. 811 ) is amended by adding at the end the following new subsection: (k) Removal from schedule I of fentanyl-Related substances (1) Determination resulting in removal If the Secretary determines, taking into consideration factors as set forth in paragraph (3), that a fentanyl-related substance has a potential for abuse that is less than the drugs or other substances in schedule V— (A) the Secretary shall submit to the Attorney General a scientific and medical evaluation of that fentanyl-related substance supporting that determination; (B) the Secretary shall submit any such evaluation and determination in writing and include the bases therefor; (C) the scientific and medical determination of the Secretary contained in such evaluation shall be binding on the Attorney General; and (D) not later than 90 days after receiving such evaluation and determination, the Attorney General shall issue an order removing such fentanyl-related substance from the schedules under section 202. (2) Determination resulting in rescheduling If the Secretary determines, taking into consideration factors as set forth in paragraph (3), that a fentanyl-related substance has a potential for abuse that is less than the drugs or other substances in schedules I and II— (A) the Secretary shall submit to the Attorney General a scientific and medical evaluation of that fentanyl-related substance supporting that determination; (B) the Secretary shall submit any such evaluation and determination in writing and include the bases therefor; (C) the scientific and medical determination of the Secretary contained in such evaluation shall be binding on the Attorney General