; 42 U.S.C. 12181 et seq.) with respect to its selection of such materials or technologies. (2) Limited safe harbor for nonconforming postsecondary electronic instructional materials or related technologies An institution of higher education that requires, provides, or both recommends and provides, postsecondary electronic instructional materials or related technologies that do not fully conform with the voluntary guidelines, but which institution otherwise complies with all requirements set forth in subparagraphs (A), (B), and (C), will qualify for a limited safe harbor from monetary damages 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.; 42 U.S.C. 12181 et seq.), with available remedies under section 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794a ), section 103 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12133 ), and section 308 of such Act ( 42 U.S.C. 12188 ) limited to declaratory and injunctive relief, and for a prevailing party other than the United States, a reasonable attorney’s fee, if the institution— (A) documented its efforts to incorporate and use the voluntary guidelines in its policies and practices regarding its selection or procurement of postsecondary electronic instructional materials and related technologies. These efforts may include establishment of a written policy regarding the institution’s use of the voluntary guidelines, identifying the official(s) authorized to approve the selection of nonconforming postsecondary electronic instructional materials or related technologies, and procedures used by the official(s) when making such authorizations; (B) documented instances where nonconforming postsecondary electronic instructional materials or related technologies are selected or procured, including an explanation of— (i) the process utilized for identifying accessible options in the marketplace; (ii) the options considered, if any are available