; and (B) either— (i) the requesting or authorizing governmental entity would have been immune either from suit or from liability in damages if it had engaged in the acts or omissions itself or through employees or independent contractors; or (ii) the governmental employee, agent, or contractor who engaged in the acts would have been immune either from suit or from liability in damages by virtue of immunity extended to individual governmental actors. (3) Except as provided in paragraphs (1) and (2), nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to harm caused to any person. . (5) In section 4(d), by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (6) In section 4(e), in paragraph (1), by adding the following after the period: Punitive damages may not be awarded against a volunteer nonprofit organization in an action brought for harm based on the action of a volunteer acting within the scope of the volunteer’s responsibilities to the organization unless the claimant establishes by clear and convincing evidence that the organization itself expressly authorized the volunteer’s action and did so with a conscious, flagrant indifference to the rights or safety of the individual harmed. . (7) In section 4(f), by inserting or of a volunteer nonprofit organization after liability of a volunteer . (8) In section 5— (A) in subsection (a)— (i) by inserting or a volunteer nonprofit organization after action against a volunteer ; and (ii) by inserting or volunteer nonprofit organization after liability of the volunteer ; and (B) in subsection (b)— (i) in paragraph (1), by inserting or a volunteer nonprofit organization after who is a volunteer