and vetting of any covered employee. (b) Requirements for appointment Consistent with the civil service and Foreign Service laws and regulations, the Secretary of State shall ensure that a background investigation on any potential sexual assault is conducted before an individual is appointed to a position within the Department. (c) Requirements for promotion into the senior foreign service or senior executive service The Secretary of State shall ensure that potential candidates are vetted for their history of promoting a work environment free from harassment and discrimination. Promotion boards shall take into account whether candidates have a history of offenses that occurred under their leadership, regardless of whether the candidate was named an offender or not. (d) Promotion policy objectives Consistent with the civil service and Foreign Service laws and regulations, the Secretary of State shall ensure that promotion precepts and selection panels reward officers who have volunteered to serve as Equal Employment Opportunity Counselors, and that documentation of the precepts emphasize that counseling experience is to be viewed as valuable experience preparing officers to perform in senior-level positions with respect to the leadership, management, and interpersonal skills precepts. 10. Nondisclosure and nondisparagement agreements (a) Definitions In this section— (1) Employee The term employee means any individual subject to section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ), section 411(c) of title 3, United States Code, or section 101(a)(3) of the Congressional Accountability Act of 1995. (2) Employer The term employer means any employing office referred to in section 1301(a)(9) of title 2, United States Code, or section 411(c)(2) of title 3, United States Code, or department, agency, or unit referred to in subsection (a) of section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ). (3) Nondisclosure clause The term nondisclosure clause means a provision in a contract or agreement