; (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; or (iii) any element of a covered offense, to the extent that applying paragraph (1) of this subsection, subsection (b)(2), or paragraph (1)(A)(ii) or (2)(D) of subsection (c) to such element would lessen the degree of mental culpability that the Government is required to prove with respect to that element under— (I) precedent of the Supreme Court of the United States; or (II) any other provision of this title, any other Act of Congress, or any regulation. (B) Mere absence insufficient For purposes of subparagraph (A)(i), 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) Subsequently enacted laws No law enacted after the date of enactment of this section shall be construed to repeal, modify the text or effect of, or supersede in whole or in part this section, unless such law specifically refers to this section and explicitly repeals, modifies the text or effect of, or supersedes in whole or in part this section. . (b) Commission report and legislation (1) Definitions In this section, the term existing covered offenses without a state of mind requirement has the meaning given that term in section 28 of title 18, United States Code, as added by subsection (a). (2) Submission Not later than the earlier of 2 years after the date on which the Attorney General submits the report required under section 102(b) or 3 years after the date of enactment of this Act, the National Criminal Justice Commission shall submit to Congress— (A) a report identifying— (i) the existing covered offenses without a state of mind requirement