; (10) by striking subsections (p) and (q); and (11) by adding at the end the following: (p) Risk-Based or differentiated review processes or procedures (1) In general Notwithstanding any other provision of law (including subsection (a)(4)(A)), an accrediting agency or association may establish, with the involvement of its membership, risk-based or differentiated review processes or procedures for assessing compliance with the accrediting agency or association’s standards, including policies related to substantive change and award of accreditation statuses, for institutions of higher education or programs that have demonstrated exceptional past performance with respect to meeting the accrediting agency or association’s standards. (2) Prohibition Risk-based or differentiated review processes or procedures shall not discriminate against, or otherwise preclude, institutions of higher education based on institutional sector or category, including an institution of higher education’s tax status. (3) Rule of construction Nothing in this subsection shall be construed to permit the Secretary to establish any criterion that specifies, defines, or prescribes an accrediting agency or association’s risk-based or differentiated review process or procedure. (q) Waiver The Secretary shall establish a process through which an agency or association may seek to have a requirement of this subpart waived, if such agency or association— (1) demonstrates that such waiver is necessary to enable an institution of higher education or program accredited by the agency or association to implement innovative practices intended to— (A) reduce administrative burdens to the institution or program without creating costs for the taxpayer; or (B) improve the delivery of services to students, improve instruction or learning outcomes, or otherwise benefit students