House Oversight Chairman Comer opens investigation into Delaware's proposed 'AI Company' (AIC) corporate form that shields owners from AI-agent liability

On 26 October 2026, House Committee on Oversight and Government Reform Chairman James Comer (R-Ky.) sent a letter to Delaware Governor Matt Meyer opening an investigation into Delaware's proposal to create a new corporate entity known as an Artificial Intelligence Company (AIC). Under the proposal, an AI agent would run the day-to-day operations of a corporate entity while shielding the human or entity behind the AIC from liability for harms to consumers, the public, and business partners caused by the controlling AI. Comer requests Delaware's risk assessments, outside consulting agreements, draft bills and other documents by 9 November 2026, and states the information could inform possible federal legislative efforts to limit such state AI regulatory initiatives. The letter cites concerns that the proposal could be used 'to protect powerful AI companies and their investors from responsibility for reckless harmful actions,' and flags that a Richards, Layton & Finger lawyer described as a 'principal drafter' intended AICs to let AI agents engage in 'any business activity' and 'protect owners of new AICs from facing legal liability.'

This is the first congressional inquiry into a state attempt to let an AI agent legally operate a corporation while the human principal is shielded from its harms — a core agentic-AI governance and liability question. It also signals potential federal preemption of state AI regulatory initiatives, and comes as agentic-AI 'rogue agent' incidents multiply. For AI deployers and corporate counsel, it tests who is legally accountable when autonomous agents act, and could reshape how AI-agent-enabled corporate structures are treated if Delaware enacts the AIC form.

Monitor the Delaware AIC proposal and Delaware's responsive documents (due 9 Nov 2026). Any entity considering an AI-run or AI-agent-managed corporate structure should track whether federal preemption legislation follows, and assess the liability-shielding limits this investigation may expose.