504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794) and titles II and III of the Ameri-
cans with Disabilities Act (42 U.S.C. 12131 et 
seq.; 42 U.S.C. 12181 et seq.); 
(G) ensure that the voluntary guidelines 
are consistent, to the extent feasible and appro-
priate, with the technical and functional per-
formance criteria included in the national and 
international accessibility standards identified 
by the commission as relevant to student use of 
postsecondary electronic instructional materials 
and related technologies; 
(H) allow for the use of an alternative de-
sign or technology that results in substantially 
equivalent or greater accessibility and usability 
by individuals with disabilities than would be 
provided by compliance with the voluntary 
guidelines; and 
(I) provide that where electronic instruc-
tional materials or related technologies that 
comply fully with the voluntary guidelines are 
not commercially available, or where such com-
pliance is not technically feasible, the institution 
may select the product that best meets the vol-
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untary guidelines consistent with the institu-
tion’s business and pedagogical needs. 
(b) PRODUCE ANNOTATED LIST OF INFORMATION 
TECHNOLOGY STANDARDS.—Not later than 18 months 
after the date of the enactment of this Act, subject to a 
6-month extension that it may exercise at its discretion, 
the commission established in section 2 shall, with the as-
sistance of the technical panel established under sub-
section (d), develop and issue an annotated list of informa-
tion technology standards. 
(c) DEVELOP MODEL FRAMEWORK FOR PILOT TEST-
ING POSTSECONDARY ELECTRONIC INSTRUCTIONAL MA-
TERIALS AND RELATED TECHNOLOGIES.—Not later than 
18 months after the date of enactment of this Act, subject 
to a 6-month extension that it may exercise at its discre-
tion, the commission shall develop a model framework that 
institutions of higher education may utilize on a voluntary 
basis, consistent with their obligations under the Rehabili-
tation Act of 1973 (29 U.S.C. 701 et seq.) and the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.), for pilot testing the use of postsecondary electronic 
instructional materials and related technologies in postsec-
ondary instructional settings to facilitate exploration and 
adoption of such materials and technologies. 
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(d) REQUIRE SUPERMAJORITY APPROVAL.—Issuance 
of the voluntary guidelines, annotated list of information 
technology standards, and model framework for pilot test-
ing postsecondary instructional materials and related tech-
nologies shall require approval of at least 75 percent (at 
least 15) of the 19 members of the commission. 
(e) ESTABLISH TECHNICAL PANEL.—Not later than 
1 month after the commission’s first meeting, it shall ap-
point and convene a panel of 12 technical experts, each 
of whom shall have extensive, demonstrated technical ex-
perience in developing, researching, or implementing ac-
cessible postsecondary electronic instructional materials or 
related technologies. The commission has discretion to de-
termine a process for nominating, vetting, and confirming 
a panel of experts that fairly represents the stakeholder 
communities on the commission. The technical panel shall 
include a representative from the United States Access 
Board. 
SEC. 4. PERIODIC REVIEW AND REVISION OF VOLUNTARY 
GUIDELINES. 
Not later than 5 years after issuance of the voluntary 
guidelines, annotated list of information technology stand-
ards, and pilot testing framework described in subsections 
(a), (b), and (c) of section 3, and every 5 years thereafter, 
the Secretary of Education shall publish a notice in the 
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Federal Register requesting public comment about wheth-
er there is a need to reconstitute the commission to update 
the voluntary guidelines, annotated list of information 
technology standards, and pilot testing framework to re-
flect technological advances, changes in postsecondary 
electronic instructional materials and related technologies, 
or updated national and international accessibility stand-
ards. The Secretary shall submit a report to Congress 
summarizing the public comments and presenting the Sec-
retary’s decision on whether to reconstitute the commis-
sion based on those comments. If the Secretary decides 
to reconstitute the commission, the Secretary may imple-
ment 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 as detailed in section 2(a)(2)(B). 
SEC. 5. CONSTRUCTION. 
(a) NONCONFORMING POSTSECONDARY ELECTRONIC 
INSTRUCTIONAL
MATERIALS
OR
RELATED
TECH-
NOLOGIES.—Nothing in this Act shall be construed to re-
quire an institution of higher education to require, pro-
vide, or both recommend and provide, postsecondary elec-
tronic instructional materials or related technologies that 
conform to the voluntary guidelines. However, an institu-
tion that selects or uses nonconforming postsecondary 
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electronic instructional materials or related technologies 
must otherwise comply with existing obligations under sec-
tion 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
794) and titles II and III of the Americans with Disabil-
ities Act (42 U.S.C. 12131 et seq.; 42 U.S.C. 12181 et 
seq.) to provide access to the educational benefit afforded 
by such materials and technologies through provision of 
appropriate and reasonable modification, accommodation, 
and auxiliary aids or services. 
(b) RELATIONSHIP TO EXISTING LAWS AND REGU-
LATIONS.—With respect to the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et seq.) and the Reha-
bilitation Act of 1973 (29 U.S.C. 701 et seq.), nothing 
in this Act may be construed— 
(1) to authorize or require conduct prohibited 
under the Americans with Disabilities Act of 1990 
and the Rehabilitation Act of 1973, including the 
regulations issued pursuant to those laws; 
(2) to expand, limit, or alter the remedies or de-
fenses under the Americans with Disabilities Act of 
1990 and the Rehabilitation Act of 1973; 
(3) to supersede, restrict, or limit the applica-
tion of the Americans with Disabilities Act of 1990 
and the Rehabilitation Act of 1973; or 
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