(C) the business entity authorized the use
of such facility by the nonprofit organization.
(2) 
APPLICATION.—This 
subsection 
shall
apply—
(A) with respect to civil liability under
Federal and State law; and
(B) regardless of whether a nonprofit orga-
nization pays for the use of a facility.
(c) LIABILITY OF BUSINESS ENTITIES PROVIDING
USE OF A MOTOR VEHICLE OR AIRCRAFT.—
(1) IN GENERAL.—Subject to section 403, a
business entity shall not be subject to civil liability
relating to any injury or death occurring as a result
of the operation of aircraft or a motor vehicle of a
business entity loaned to a nonprofit organization
for use outside of the scope of business of the busi-
ness entity if—
(A) such injury or death occurs during a
period that such motor vehicle or aircraft is
used by a nonprofit organization; and
(B) the business entity authorized the use
by the nonprofit organization of motor vehicle
or aircraft that resulted in the injury or death.
(2) 
APPLICATION.—This 
subsection 
shall
apply—
(A) with respect to civil liability under
Federal and State law; and
(B) regardless of whether a nonprofit orga-
nization pays for the use of the aircraft or
motor vehicle.
(d) LIABILITY OF BUSINESS ENTITIES PROVIDING
TOURS OF FACILITIES.—
(1) IN GENERAL.—Subject to section 403, a
business entity shall not be subject to civil liability
relating to any injury to, or death of an individual
occurring at a facility of the business entity if—
(A) such injury or death occurs during a
tour of the facility in an area of the facility that
is not otherwise accessible to the general public;
and
(B) the business entity authorized the
tour.
(2) 
APPLICATION.—This 
subsection 
shall
apply—
(A) with respect to civil liability under
Federal and State law; and
(B) regardless of whether an individual
pays for the tour.
SEC. 403. EXCEPTIONS.
Section 402 shall not apply to an injury or death that
results from an act or omission of a business entity that
constitutes gross negligence or intentional misconduct, in-
cluding any misconduct that—
(1) constitutes a crime of violence (as that term
is defined in section 16 of title 18, United States
Code) or act of international terrorism (as that term
is defined in section 2331 of title 18) for which the
defendant has been convicted in any court;
(2) constitutes a hate crime (as that term is
used in the Hate Crime Statistics Act (28 U.S.C.
534 note));
(3) involves a sexual offense, as defined by ap-
plicable State law, for which the defendant has been
convicted in any court; or
(4) involves misconduct for which the defendant
has been found to have violated a Federal or State
civil rights law.
SEC. 404. SUPERSEDING PROVISION.
(a) IN GENERAL.—Subject to subsection (b) and sec-
tion 405, this title preempts the laws of any State to the
extent that such laws are inconsistent with this title, ex-
cept that this title shall not preempt any State law that
provides additional protection for a business entity for an
injury or death described in a subsection of section 402
with respect to which the conditions specified in such sub-
section apply.
(b) LIMITATION.—Nothing in this title shall be con-
strued to supersede any Federal or State health or safety
law.
SEC. 
405. 
ELECTION 
OF 
STATE 
REGARDING 
NON-
APPLICABILITY.
(a) 
ELECTION
OF
STATE
REGARDING
NON-
APPLICABILITY.—A provision of this title shall not apply
to any civil action in a State court against a business en-
tity in which all parties are citizens of the State if such
State enacts a statute—
(1) citing the authority of this section;
(2) declaring the election of such State that
such provision shall not apply to such civil action in
the State; and
(3) containing no other provisions.
SEC. 406. EFFECTIVE DATE.
This title shall apply to injuries (and deaths resulting
therefrom) occurring after the date of the enactment of
this Act.
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