and revision of voluntary guidelines Not later than 5 years after issuance of the voluntary guidelines and annotated list of information technology standards described in subsections (a) and (b) of section 3, and every 5 years thereafter, the Secretary of Education shall publish a notice in the Federal Register requesting public comment about whether there is a need to reconstitute the Commission to update the voluntary guidelines and annotated list of information technology standards to reflect technological advances, changes in postsecondary electronic instructional materials and related technologies, or updated national and international accessibility standards. The Secretary of Education shall submit a report to Congress summarizing the public comments and presenting the Secretary’s decision on whether to reconstitute the Commission based on those comments. If the Secretary of Education decides to reconstitute the Commission, the Secretary may implement that decision 30 days after the date on which the report was submitted to Congress. That process shall begin with the Secretary requesting the appointment of Commission members in accordance with section 2(a)(2)(B). 5. Construction (a) Nonconforming materials or related technologies Nothing in this Act shall be construed to require an institution of higher education to require, provide, or both recommend and provide, postsecondary electronic instructional materials or related technologies that conform to the voluntary guidelines. However, whether or not an institution selects or uses nonconforming materials or related technologies, the institution shall comply with existing obligations under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) and titles II and III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq.