Congressional Investigations – What to Expect in the 2026 Midterm Year

As Congress heads deeper into the 2026 midterm cycle, congressional investigations are poised to remain expansive, fast-moving, and closely intertwined with regulatory enforcement, litigation risk, and political messaging. Narrow congressional majorities, limited legislative days, and election-year dynamics are shaping an oversight environment that is broader in scope and more aggressive in execution.

Rather than focusing on isolated incidents, committees are increasingly examining systems, governance, and decision-making frameworks, particularly where corporate activity intersects with national security, technology, workforce practices, and affordability concerns. For companies and institutions, preparation, including an informed risk assessment, will be critical.

Key Takeaways for Organizations

• Congressional Oversight Will Be Broad
  Investigations are not limited to government agencies and routinely extend into the private sector. In a midterm year, oversight tools—letters, subpoenas, hearings, and reports—are often used for fact-finding and to shape public debate, influence regulators, and signal policy priorities to voters.
• National Security Is an Expanding Lens
  Committees are applying national security framing to supply chains, technology development, data governance, foreign sourcing, and corporate partnerships—particularly where China exposure is implicated. Companies may be drawn into investigations based on operational touchpoints rather than alleged misconduct, often alongside parallel executive branch scrutiny.
• AI Is in Focus Across Many Domains
  Congressional focus has widened beyond “Big Tech” to how AI and algorithms are deployed across the economy and society. Topics of interest may include automated decision-making, the use of sensitive or consumer data, governance controls, data inputs, and monitoring mechanisms, as well as potential antitrust, consumer protection, workforce, and civil rights implications.
• DEI Remains a High-Risk Oversight Area
  Diversity, equity, and inclusion (DEI) initiatives continue to face sustained attention, particularly in nonprofit, higher education, and corporate areas. Committees are examining whether DEI programs align with civil rights laws, executive branch enforcement priorities, and public disclosures. Internal policies, training materials, metrics, and communications are frequent focal points, amplifying both legal and reputational risk.
• Affordability and Workforce Issues Will Continue to Drive Scrutiny
  Healthcare costs, pricing practices, labor relations, and the role of technology in workforce management remain central to oversight agendas. Committees are examining governance and accountability across entire ecosystems, not just the largest market participants.
• Oversight Often Converges with Agency Enforcement and Litigation
  Congressional investigations rarely occur in isolation. They frequently run in parallel with agency inquiries, inspector general reviews, state enforcement actions, and private litigation—creating a feedback loop that can accelerate risk and expand exposure. Coordination across legal, compliance, government relations, and communications teams is essential.

Practical Implications

Organizations should assess where their operations intersect with committee priorities, pressure-test their governance narratives, and plan for multi-front scrutiny. In the current environment, effective preparation, early issue spotting, and consistent messaging are as important as substantive legal defenses.

Looking ahead, the 2026 midterm year points to a sustained and expansive oversight landscape—one where companies that proactively prepare for congressional scrutiny will be better positioned to manage legal and reputational risk.