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HB 5454

Relating to the select committee for the West Virginia Fusion Center

2026 Regular Session Introduced by Buck Jennings

The bill creates a dedicated Joint Oversight Select Committee to monitor the West Virginia Fusion Center, providing enhanced access, confidentiality, audits, and enforcement to ens

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Bill Summary · HB 5454

Summary of HB 5454 (2026) – West Virginia Fusion Center Oversight

Purpose and Intent

HB 5454, introduced by Delegate Jennings and co-sponsored by Buck Jennings, amends and reenacts the provisions governing the West Virginia Fusion Center’s oversight. The bill establishes a dedicated Joint Oversight Select Committee to monitor the Fusion Center’s handling of information and intelligence, strengthens accountability, and clarifies access, confidentiality, audits, and enforcement related to the Center’s operations. The overarching aim is to ensure lawful, transparent, and privacy-respecting practices in fusion center activities.

Key Provisions and Changes

  • Reconstituted Oversight Committee

    • Creates a select committee jointly chaired by the President of the Senate and the Speaker of the House.
    • Composition: 4 House members and 4 Senate members appointed by their respective leaders, with political-party balance constraints (no more than two members from the same party; exceptions if a party is below 15% presence in a chamber).
    • The committee members, counsel, and staff must obtain appropriate security clearance and sign confidentiality agreements.

  • Access to Fusion Center

    • The committee may enter the Fusion Center with staff present, during regular hours or by mutual agreement for after-hours access.
    • Access exceptions: no access to classified systems or materials designated by the federal government; no access to partner agency systems or personal identifiers/PII beyond what is permissible.
    • On-site access must follow Fusion Center security and visitor-control procedures.

  • Confidentiality and Meetings

    • Committee meetings and materials are confidential; not subject to the West Virginia Freedom of Information Act.
    • The committee may conduct confidential executive sessions.

  • Subpoenas and Testimony

    • The committee can issue subpoenas to compel attendance or production of records, with service by any legally authorized person.
    • Witnesses testify under oath; witnesses in contempt can be compelled through the courts if necessary.

  • Budgetary Accountability

    • The Fusion Center may be directed to send budgetary accounting to the State Auditor, with redaction allowed for classified or sensitive items (expenditure amounts may be redacted if needed for security).

  • Annual Audit by Legislative Auditor

    • A comprehensive annual audit must be conducted by the Legislative Auditor and delivered to the select committee by December 1 each year.
    • Audit scope includes:
    • Non-classified operations (federal fiscal year Oct 1–Sept 30).
    • Non-classified internal investigations involving illegal or improper actions, and related disciplinary actions.
    • Steps taken to exclude federal partners where unlawful activity is alleged.
    • Oversight processes to ensure compliance with federal standards, separation of military/civilian functions, and proper use of resources.
    • Compliance with 28 C.F.R. Part 23; certifications of responsibility and governance; training; security incidents; procurement; safeguarding, storage, and destruction of sensitive information; physical and cyber security; and memoranda of understanding.
    • The audit will also propose best practices to enhance privacy protections and inter-agency information sharing.
    • Notably, the audit excludes examining partner systems, networks, or classified information.

  • PII and Privacy Protections

    • Personal identifiers and detailed PII are to be anonymized or aggregated in the annual audit.

  • Violation Consequences

    • Findings of intentional violations, egregious illegal activity, or willful neglect can lead to revocation of access, potential termination of employment, and referral to law enforcement for investigation or prosecution.

Who is Affected

  • West Virginia Fusion Center and its staff and contractors.
  • Members of the Joint Oversight Select Committee, including counsel and staff.
  • State Auditor and Legislative Auditor’s offices.
  • Federal and state partners indirectly through compliance monitoring and audit requirements.

Procedural and Timeline Aspects

  • Governor/Legislature establish the select committee with rotating appointments; term continuity for appointees as specified.
  • Annual Legislative Auditor’s report due by December 1 each year.
  • Budgetary information to be reported with possible redactions; unredacted materials may be subpoenaed for justification.
  • Subpoena and court-affirmed enforcement mechanics outlined for non-compliance.
  • Annual privacy- and compliance-focused best-practice recommendations as part of the audit.

Note: The bill’s action history shows House passage and Senate introduction in 2026, with committee referrals and markup reflected in the legislative record.

Compiled from official sources — confirm details with the bill’s official record.

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