; and (ii) is not permanently scheduled; and (B) not later than 3 years after the date on which a fentanyl-related substance is identified if the fentanyl-related substance— (i) is identified after the date of enactment of this Act; and (ii) is not permanently scheduled. (2) Extension If the Attorney General is unable to complete the proceedings described in paragraph (1) within the required time period the Attorney General shall— (A) notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives of the delay and publish the notification on a public website; and (B) complete the proceedings described in paragraph (1) not later than 1 year after the notification required under subparagraph (A) of this paragraph. (b) Temporary scheduling Notwithstanding any other provision of law, the Attorney General may schedule a fentanyl-related substance identified after the date of enactment of this Act in schedule I of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ) in accordance with section 201(h) of that Act ( 21 U.S.C. 811(h) ) for not longer than 3 years after the date on which the order scheduling the fentanyl-related substance is issued. 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) Determination resulting in removal (1) In general 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