; (ii) shall establish whether an institution has demonstrated that its program satisfies the definitions in section 103(25); and (iii) shall establish whether an institution has demonstrated that it has defined an academic year for a competency-based program in accordance with section 481(a)(3). ; (2) in subsection (c)(1), by inserting or competency-based education after distance education ; (3) in subsection (n)(3), by inserting , or competency-based education programs, after each occurrence of distance education courses or programs ; and (4) by adding at the end the following: (r) 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; and (2) describes the terms and conditions that will be placed upon the program or institution to ensure academic integrity and quality. .