; or (ii) the date that is 6 years after the date of enactment of the Mens Rea Reform Act of 2018 . (C) No strict liability offenses The regulations promulgated by an agency under subparagraph (A) may not specify that an element of an existing covered regulatory offense does not require any state of mind be proven. (D) Sunset Except as provided in subsection (d), after the date specified in subparagraph (B), the criminal penalty provisions of an existing covered regulatory offense for which the regulations establishing the elements of the existing covered regulatory offense do not specify a state of mind for 1 or more elements shall cease to have force or effect. (E) Rule of construction Nothing in this paragraph shall be construed to grant an agency authority with respect to establishing the mens rea requirements for a covered regulatory offense that is in addition to, or in lieu of, such authority provided under the statute authorizing the covered regulatory offense. (d) Determination that elements lack required state of mind (1) Failure To distinguish among elements Except as provided in paragraph (2), if the text of a covered offense specifies the state of mind required for commission of the covered offense without specifying the elements of the covered offense to which the state of mind applies, the state of mind specified shall apply to all elements of the covered offense, unless a contrary legislative purpose plainly appears in the text of the statute. (2) Exceptions (A) In general Paragraph (1) of this subsection, subsection (b)(2), and paragraphs (1)(A)(ii) and (2)(D) of subsection (c) shall not apply with respect to— (i) any element for which the text of the covered offense makes clear that Congress affirmatively intended not to require the Government to prove any state of mind with respect to such element; (ii) any element of a covered offense, to the extent that the element establishes— (I) subject matter jurisdiction over the covered offense; or (II) venue with respect to trial of the covered offense