; or (II) subsection (b) of such section in response to the COVID–19 pandemic; or (ii) a grant made under— (I) section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ); or (II) section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009a ). (C) Finally convicted The term finally convicted means, with respect to an individual or entity, that such individual or entity has been convicted of an offense and such conviction— (i) has not been appealed and is no longer appealable because the time for taking an appeal has expired; or (ii) has been appealed and the appeals process for such conviction is completed. . (b) Applicability Subsection (h) of section 16 of the Small Business Act ( 15 U.S.C. 645 ), as added by subsection (a) of this Act, shall not apply to any contract or other agreement entered into by the Government prior to the date of the enactment of this Act.