; drug The terms device and drug have the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (D) Top official The term top official means— (i) each officer or employee in the executive branch who occupies a position classified at or above GS–13 of the General Schedule or, in the case of any position not under the General Schedule, for which the rate of basic pay is equal to or greater than the minimum rate of basic pay payable for GS–13 of the General Schedule; or (ii) any employee of the Federal Government who directly or indirectly has input or any authority to determine or help determine the authorization for use or emergency use authorization of a drug, biological product, or device. (2) In general A person who is a top official may not submit an application for a covered patent (or be included in the application for a covered patent)— (A) in the case of a drug, biological product, or device invented by the person during the course of employment as a top official, at any point during employment as a top official; and (B) in the case of a drug, biological product, or device invented by the person outside the course of employment as a top official, at any point during employment as a top official. (3) Disclosure (A) Requirement as of date of enactment of the fauci act A person who is a top official or a spouse of a top official on the date of enactment of the FAUCI Act shall disclose not later than 180 days after the date of enactment of such Act any ownership of, or any rights or interest in, a covered patent. (B) Requirement after date of enactment of the fauci act A person who is a top official or a spouse of a top official after the date of enactment of the FAUCI Act shall disclose not later than 90 days after becoming a top official or the spouse of a top official any ownership of, or any rights or interest in, a covered patent. .