The way I read it, USS, if she was overseas on assignment at any time during the last 5 years she might fall within the statute definition as "covert". Looks to me like they wanted the law as inclusive as possible
And it's quibbling, an area in which they thrive.
From Page 5 of the indictment
"On or about June 12, 2003, LIBBY was advised by the Vice President of the United States that Wilson’s wife worked at the Central Intelligence Agency in the Counterproliferation Division. LIBBY understood that the Vice President had learned this information from the CIA."
CPD is in the Directorate of Operations. Would this make her an operative? Are all operatives covert? I don't know, just asking.