; or (ii) any other provision of this title, any other Act of Congress, or any regulation. (2) Mere absence insufficient For purposes of paragraph (1)(A), the mere absence of a specified state of mind for an element of a covered offense in the text of the covered offense shall not be construed to mean that Congress affirmatively intended not to require the Government to prove any state of mind with respect to that element. (e) Applicability This section shall apply with respect to a covered offense— (1) without regard to whether the provision or provisions specifying the covered offense are enacted, promulgated, or finalized before, on, or after the date of enactment of this section; and (2) that occurred— (A) on or after the date of enactment of this section; or (B) before the date of enactment of this section, unless— (i) applying this section to such covered offense would— (I) punish as a crime conduct that was innocent when done; (II) increase the punishment for the covered offense; or (III) deprive a person charged with the covered offense of any defense available according to law at the time the covered offense occurred; (ii) a jury has been empaneled and sworn in a prosecution for the covered offense before the date of enactment of this section; (iii) the first witness has been sworn in a prosecution for the covered offense tried without a jury before the date of enactment of this section