‘‘(ii) section 1308.43 of title 21, Code 
of Federal Regulations (or any successor 
regulations). 
‘‘(B) ATTORNEY
GENERAL
TO
INFORM 
SECRETARY.—Within 30 days of receiving such 
a petition, the Attorney General shall forward a 
copy of the petition to the Secretary. 
‘‘(C) DETERMINATION
PROCEDURE
NOT 
PRECLUDED BY FILING OF PETITION.—The fil-
ing of a petition under this paragraph shall not 
preclude the Secretary from making a deter-
mination and sending an evaluation under para-
graph (1) or (2). 
‘‘(8) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to preclude the At-
torney General from transferring a substance listed 
in schedule I to another schedule, or removing such 
substance entirely from the schedules, pursuant to 
other provisions of this section and section 202. 
‘‘(9) SUBSEQUENT CONTROLLING OF REMOVED 
SUBSTANCE.—A substance removed from schedule I 
pursuant to this subsection may, at any time, be 
controlled pursuant to the other provisions of this 
section and section 202 without regard to the re-
moval pursuant to this subsection. 
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‘‘(10) EVALUATIONS
OR
STUDIES.—The Sec-
retary may enter into contracts or other agreements 
to conduct or support evaluations or studies of 
fentanyl-related substances. 
‘‘(11) DEFINITION.—In this subsection, the 
term ‘fentanyl-related substance’ means a fentanyl- 
related substance as defined in schedule I(e) of sec-
tion 202(c).’’. 
SEC. 6. PAST CASES INVOLVING REMOVED OR RESCHED-
ULED SUBSTANCES. 
(a) DOMESTIC CASES.—Section 401(b) of the Con-
trolled Substances Act (21 U.S.C. 841(b)) is amended by 
adding at the end the following: 
‘‘(8) PAST CONVICTIONS INVOLVING FENTANYL-RE-
LATED SUBSTANCE.— 
‘‘(A) IN GENERAL.—In the case of a defendant 
whose offense of conviction under this title involved 
a fentanyl-related substance (as defined in schedule 
I(e) of section 202(c) as of the date the offense was 
committed) that has since been removed from des-
ignation as a fentanyl-related substance for purposes 
of this title and has been placed on any schedule 
other than schedule I or II or has been removed 
from the controlled substance schedules, the sen-
tencing court may, on motion of the defendant, the 
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Bureau of Prisons, the attorney for the Government, 
or on its own motion, after considering the factors 
set forth in section 3553(a) of title 18, United 
States Code, vacate the previously imposed sentence, 
or impose a reduced sentence on any count of con-
viction as if the removal or placement was in effect 
at the time that the offense was committed. Nothing 
in this section may be construed to require a court 
to vacate or reduce any sentence. 
‘‘(B) DEFENDANT
NOT
REQUIRED
TO
BE 
PRESENT.—Notwithstanding rule 43 of the Federal 
Rules of Criminal Procedure, the defendant is not 
required to be present at any hearing on whether to 
vacate or reduce a sentence pursuant to this sec-
tion.’’. 
(b) IMPORT AND EXPORT CASES.—Section 1010(b) 
of the Controlled Substances Import and Export Act (21 
U.S.C. 960(b)) is amended by adding at the end the fol-
lowing: 
‘‘(8) In the case of a defendant whose offense of con-
viction under this title involved a fentanyl-related sub-
stance (as defined in schedule I(e) of section 202(c) of 
the Controlled Substances Act as of the date the offense 
was committed) that has since been removed from des-
ignation as a fentanyl-related substance for purposes of 
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