“(1) determine if the conditions of subsection (b) have been met; and

“(2) if the Commission determines under paragraph (1) that such conditions have not been met, promulgate regulations that—

“(A) establish a content descriptor for video programming that depicts, discusses, or promotes gender identity, gender transition, transgender identity, or non-binary identity; and

“(B) require distributors of video programming to transmit the content descriptor described in subparagraph (A)—

“(i) with any video programming that—

“(I) contains the content described in such subparagraph; and

“(II) is marketed to children (such as programming that is rated TV–Y, TV–Y7, or TV–G under the TV Parental Guidelines); and

“(ii) in a manner that, to the maximum extent technically feasible, can be used with the feature described in section 303(x) (commonly known as the ‘V-chip’) and other parental-control technologies.

“(b) Voluntary compliance.—The conditions of this subsection are the following:

“(1) The TV Parental Guidelines have been revised so as to include a content descriptor for video programming that depicts, discusses, or promotes gender identity, gender transition, transgender identity, or non-binary identity.

“(2) The content descriptor described in paragraph (1) is being consistently transmitted with the rating under the TV Parental Guidelines for video programming that—

“(A) contains content described in such paragraph; and

“(B) is rated TV–Y, TV–Y7, or TV–G under the TV Parental Guidelines or is otherwise marketed to children.

“(c) Rule of construction.—Nothing in this section may be construed to ban or censor any video programming.

“(d) TV Parental Guidelines defined.—In this section, the term ‘TV Parental Guidelines’ means the voluntary ratings (or any successor to such ratings) for video programming maintained by the TV Parental Guidelines Monitoring Board (or any successor to such Board).”.

“(1) determine if the conditions of subsection (b) have been met; and

“(2) if the Commission determines under paragraph (1) that such conditions have not been met, promulgate regulations that—

“(A) establish a content descriptor for video programming that depicts, discusses, or promotes gender identity, gender transition, transgender identity, or non-binary identity; and

“(B) require distributors of video programming to transmit the content descriptor described in subparagraph (A)—

“(i) with any video programming that—

“(I) contains the content described in such subparagraph; and

“(II) is marketed to children (such as programming that is rated TV–Y, TV–Y7, or TV–G under the TV Parental Guidelines); and

“(ii) in a manner that, to the maximum extent technically feasible, can be used with the feature described in section 303(x) (commonly known as the ‘V-chip’) and other parental-control technologies.

“(b) Voluntary compliance.—The conditions of this subsection are the following:

“(1) The TV Parental Guidelines have been revised so as to include a content descriptor for video programming that depicts, discusses, or promotes gender identity, gender transition, transgender identity, or non-binary identity.

“(2) The content descriptor described in paragraph (1) is being consistently transmitted with the rating under the TV Parental Guidelines for video programming that—

“(A) contains content described in such paragraph; and

“(B) is rated TV–Y, TV–Y7, or TV–G under the TV Parental Guidelines or is otherwise marketed to children.

“(c) Rule of construction.—Nothing in this section may be construed to ban or censor any video programming.

“(d) TV Parental Guidelines defined.—In this section, the term ‘TV Parental Guidelines’ means the voluntary ratings (or any successor to such ratings) for video programming maintained by the TV Parental Guidelines Monitoring Board (or any successor to such Board).”.