That process shall begin with the Secretary requesting the appointment of commission members as detailed in section 2(a)(2)(B). 5. Construction (a) Nonconforming postsecondary electronic instructional 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, an institution that selects or uses nonconforming postsecondary electronic instructional materials or related technologies must otherwise 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 ( 42 U.S.C. 12131 et seq.