The Web-based Education Commission was established as part of the most recent reauthorization of the Higher Education Act. Title VIII, Part J of the Higher Education Amendments of 1998 (Public Law 105-244) authorized the Commission, establishing
its purposes, duties, membership, and other requirements. The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act 2000 (Public Law 106-113) amended the initial authorizing legislation in two ways. Membership was expanded from 14 members to 16. The Commission's duration was extended from six months to a year.

Legislation
Title VIII, Part J of the 1998 Higher Education Amendments
Amendments to the Commission's authorization in the
FY 2000 appropriations act

AUTHORITY

The Web-Based Education Commission (Commission) is established by Section 852 of the Higher Education Amendments Act of 1998 (P.L. 105-244). The Commission is governed by the provisions of the Federal Advisory Committee Act (FACA) (P.L. 92-463, as amended; 5 U.S.C.A. Appendix 2).

PURPOSE AND FUNCTIONS

Pursuant to section 852 of the Higher Education Amendments Act of 1998, the Web-Based Education Commission is established in the Department of Education's Office of Postsecondary Education, Office of Policy, Planning and Innovation for
the purpose of conducting a thorough study to assess the educational software available in retail markets for secondary and postsecondary students who choose to use such software. The Commission shall conduct public hearings in each region of the
United States and prepare a report to the President and the Congress that contains recommendations regarding legislation and administrative actions, including those regarding the appropriate Federal role in determining quality educational software
products.

Specifically, the duties of the Commission are:

(1) The Commission shall conduct a through study to access the educational software available in retail markets for secondary
and postsecondary students who choose to use such software.

(2) As part of the study conducted under this subsection, the Commission shall hold public hearings in each region of the United
States concerning the assessment.

(3) To the extent practicable, in carrying out the study under this subsection, the Commission shall identify and use existing
information related to the assessment.

STRUCTURE

The Commission is composed of fourteen members of which:

1.Three members shall be appointed by the President, from among individuals representing the Internet technology industry;

2.three members shall be appointed by the Secretary, from among individuals with expertise in accreditation, establishing statewide curricula, and establishing information technology networks pertaining to education curricula;

3.two members shall be appointed by the Majority Leader of the Senate;

4.two members shall be appointed by the Minority Leader of the Senate;

5.two members shall be appointed by the Speaker of the House of Representatives; and

6.two members shall be appointed by the Minority Leader of the House of Representatives.

Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. The Commission shall select a chairperson and vice chairperson from among the members of the Commission.

The Assistant Secretary for Postsecondary Education names the Designated Federal Official (DFO) to the Commission.

MEETINGS

Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. Commission members shall meet at the call of the Chairperson, with the approval of the Designated Federal
Official or designee who is present at all meetings. Meetings are open to the public except as may be determined otherwise by the Assistant Secretary of Postsecondary Education in accordance with Section 10(d) of the FACA. Adequate public
notification is given in advance of each meeting. Meetings are conducted and records of the proceedings kept as required by applicable laws.

A quorum of the Commission consists of eight members. A lesser number of members may hold hearings.

ESTIMATED ANNUAL COST

Members will serve without compensation. However, members may each receive reimbursement for travel expenses incident to attending Commission meetings, including per diem in lieu of subsistence, as authorized by the Federal travel regulations. There
is authorized to be appropriated $450,000 for fiscal year 1999 to the Commission . Any sums appropriated under the authorization shall remain available, without fiscal year limitation, until expended. The estimated annual person-years of staff support are two (2) FTE.

REPORTS

Not later than six months after the first meeting of the Commission, the Commission shall submit a report to the President and Congress, which shall contain a detailed statement of the findings and conclusions of the Commission resulting from the study, together with the Commission's recommendations:

(1) for such legislation and administrative actions as the Commission considers to be appropriate; and

(2) regarding the appropriate Federal role in determining quality educational software products.

The recommendations of the Commission may be submitted to the Secretary for comment prior to submission to Congress, but
are not subject to review or approval by any offices in the Executive Branch.

FOLLOW-UP REQUIREMENT

A report to the Congress one year after the Commission has made its final report, required by Section 6(b) of FACA, concerning the disposition of recommendations to the President contained in the report, will be prepared by the Office of Postsecondary Education.

TERMINATION

The Commission shall terminate on the date that is 90 days after the date on which the Commission submits the Commission's report to the President and Congress.