; or (ii) the date that is 5 years after the date of enactment of the Mens Rea Reform Act of 2018 . (2) Existing covered regulatory offenses without a state of mind requirement (A) In general Not later than the date specified in subparagraph (B), each agency that has in effect an existing covered regulatory offense without a state of mind requirement shall promulgate regulations, after providing notice and an opportunity for comment, specifying the state of mind required for each element of the existing covered regulatory offense for which a state of mind is not specified. (B) Deadline The date specified in this subparagraph is the earlier of— (i) the date that is 3 years after the date on which the National Criminal Justice Commission submits the report under section 101(b) of the Mens Rea Reform Act of 2018