A covert agent is
|| (A) a present or retired officer or employee of an intelligence agency or a present or retired member of the Armed Forces assigned to duty with an intelligence agency —
- (i) whose identity as such an officer, employee, or member is classified information, and
- (ii) who is serving outside the United States or has within the last five years served outside the United States; or
(B) a United States citizen whose intelligence relationship to the United States is classified information, and —
- (i) who resides and acts outside the United States as an agent of, or informant or source of operational assistance to, an intelligence agency, or
- (ii) who is at the time of the disclosure acting as an agent of, or informant to, the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investigation; or
(C) an individual, other than a United States citizen, whose past or present intelligence relationship to the United States is classified information and who is a present or former agent of, or a present or former informant or source of operational assistance to, an intelligence agency.
- ↑ 50 U.S.C. §426(4)(c).
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