S. 4409Senate117th Congress (2021-2023)In Committee

Political BIAS Emails Act of 2022

Sponsored by John ThuneSen. John Thune (R-SD)
Introduced June 15, 2022

AI-Generated Summary

Updated February 8, 2026 at 4:00 PM UTC

The Political BIAS Emails Act of 2022 aims to stop email service providers from automatically marking political campaign messages as spam unless the account holder has explicitly done so. It also requires these providers to publish regular reports showing how often political emails are flagged, broken down by party and by whether a user directed the flag. The law gives political campaigns the right to request detailed information about how their emails are being treated, and it gives the Federal Trade Commission authority to enforce the rules.

Key Provisions

  • Prohibits email operators from using any filtering algorithm to label political campaign emails as spam unless the user has taken action to apply that label; the ban takes effect three months after the law is enacted.
  • Requires email operators to issue quarterly, publicly available transparency reports that detail the total number of political emails flagged as spam, how many were flagged without user direction, and breakdowns by Republican and Democratic campaigns.
  • Allows political campaigns to request, within set frequency limits, reports on how their own emails were flagged and to receive best‑practice guidance; providers must respond within four days.
  • Gives the Federal Trade Commission power to enforce the prohibitions and reporting requirements, treating violations as unfair or deceptive practices.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S2969-2970)

June 15, 2022

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SenateIntro Referral

Introduced in Senate

June 15, 2022

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S2969-2970)

June 15, 2022

Floor Debate

16 members

What members said about S. 4409 on the floor

9 Republicans6 Democrats1 Independent
John Cornyn
Sen. John CornynR-TX · Jun 15, 2022

Mr. President, on Sunday, a bipartisan group of Senators announced principles for addressing the concerns over shootings like occurred in Uvalde, TX, 3 weeks ago, and other places as well. And I…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jun 15, 2022

Madam President, it was 10 years ago today that President Obama walked into the White House Rose Garden and said he had an announcement to make. He made an announcement which changed the lives of…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jun 15, 2022

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, we continue a productive week here on the Senate floor. Today, the Senate will take another step…

Bernard Sanders
Sen. Bernard SandersI-VT · Jun 15, 2022

Mr. President, at 5:15 this afternoon, we will be voting on a budget resolution written by my colleague Senator Rand Paul from Kentucky. As chairman of the Budget Committee, I urge a very strong…

John Thune
Sen. John ThuneR-SD · Jun 15, 2022

Mr. President, former Google executive chairman Eric Schmidt, in writing with Jared Cohen, once said: Modern technology platforms [are] even more powerful than most people realize [and that] our…

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John Thune
Sen. John ThuneR-SD · Jun 15, 2022

Mr. President, former Google executive chairman Eric Schmidt, in writing with Jared Cohen, once said: Modern technology platforms [are] even more powerful than most people realize [and that] our…

Mitch McConnell
Sen. Mitch McConnellR-KY · Jun 15, 2022

Mr. President, American families are being crushed by a giant backdoor inflation tax, and it has been fueled, in large part, by Democrats' huge mistakes. Month after month, families pick up the…

Marsha Blackburn
Sen. Marsha BlackburnR-TN · Jun 15, 2022

Mr. President, I wanted to talk for just a few minutes, if I could, about a bill that is coming to the floor. It is called the PACT Act. And this is something that those of us at the Veterans'…

Edward J. Markey
Sen. Edward J. MarkeyD-MA · Jun 15, 2022

Mr. President, on Monday, these Chambers will be empty, but our hearts will be full because we will be joining the American people in commemorating a historic moment in our Nation's story--…

Jon Tester
Sen. Jon TesterD-MT · Jun 15, 2022

Mr. President, I want to start my remarks by expressing my appreciation for Ranking Member Moran's leadership. It has been stellar. If you combine him with Senator Boozman and Senator Heinrich, it…

Roy Blunt
Sen. Roy BluntR-MO · Jun 15, 2022

Mr. President, I rise today to recognize the bipartisan accomplishment by the Senate Veterans' Affairs Committee and the expanded support we are delivering for veterans living with illnesses as a…

Jerry Moran
Sen. Jerry MoranR-KS · Jun 15, 2022

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent that I be allowed to speak for up to 5 minutes, followed by the Senator…

Jon Ossoff
Sen. Jon OssoffD-GA · Jun 15, 2022

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I rise today to urge my colleagues-- Democrats, Independents, Republicans--to seize this…

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Robert P. Casey Jr.
Sen. Robert P. Casey Jr.D-PA · Jun 15, 2022

Mr. President, I ask unanimous consent that notwithstanding rule XXII, the Senate proceed to executive session to consider the following nominations en bloc: Calendar Nos. 732 and 735; that the…

Mike Braun
Sen. Mike BraunR-IN · Jun 15, 2022

Mr. President, reserving the right to object, it has come to my attention recently on a couple of the nominees whom the Federal Mine Safety and Health Review Commission is entertaining--this body has…

John Thune
Sen. John ThuneR-SD · Jun 15, 2022

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. I yield the floor. I suggest the absence of a quorum. The following Senator is necessarily absent: the Senator…

John Boozman
Sen. John BoozmanR-AR · Jun 15, 2022

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Rand Paul
Sen. Rand PaulR-KY · Jun 15, 2022

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Bill Text

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Introduced in SenateIssued June 15, 2022

II

117th CONGRESS

2d Session

S. 4409

IN THE SENATE OF THE UNITED STATES

June 15, 2022

Mr. Thune (for himself, Mr. McConnell, Mr. Barrasso, Mr. Blunt, Ms. Ernst, Mr. Scott of Florida, Mr. Daines, Mr. Cotton, Mr. Marshall, Mr. Cramer, Mr. Crapo, Ms. Lummis, Mr. Lankford, Mr. Rubio, Mrs. Blackburn, Mr. Boozman, Mr. Wicker, Mr. Hawley, Mr. Risch, Mrs. Capito, Mr. Braun, Mr. Tuberville, Mr. Moran, Mrs. Fischer, Mr. Scott of South Carolina, Mr. Grassley, and Mr. Sullivan) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To prohibit providers of email services from using filtering algorithms to flag emails from political campaigns that consumers have elected to receive as spam.

1.

Short title

This Act may be cited as the Political Bias In Algorithm Sorting Emails Act of 2022 or the Political BIAS Emails Act of 2022.

2.

Unfair and deceptive acts and practices relating to filtering political emails that a consumer has elected to receive

(a)

Conduct prohibited

(1)

In general

It shall be unlawful for an operator of an email service to use a filtering algorithm to apply a label to an email sent to an email account from a political campaign unless the owner or user of the account took action to apply such a label.

(2)

Effective date

The prohibition under subsection (1) shall take effect on the date that is 3 months after the date of enactment of this Act.

(b)

Quarterly transparency report

(1)

In general

Beginning with the first year that begins on or after the date that is 120 days after the date of enactment of this Act, each operator of an email service shall be required to make publicly available, on a quarterly basis, a transparency report that meets the requirements of this subsection.

(2)

Content of report

Each quarterly report by an operator of an email service required under this subsection shall include the following:

(A)

The total number of instances during the previous quarter in which emails from political campaigns were flagged as spam.

(B)

The number of instances during the previous quarter in which emails from political campaigns were flagged as spam by a filtering algorithm without direction from the email account owner or user.

(C)

The total number of instances during the previous quarter when emails from political campaigns of candidates belonging to the Republican Party were flagged as spam.

(D)

The percentage of emails during the previous quarter of the year flagged as spam from political campaigns of candidates belonging to the Republican Party.

(E)

The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Republican Party were flagged as spam by a filtering algorithm without direction from the email account owner or user.

(F)

The percentage of emails during the previous quarter of the year flagged as spam by a filtering algorithm without direction from the email account owner or user for emails from political campaigns of candidates belonging to the Republican Party.

(G)

The total number of instances during the previous quarter when emails from political campaigns of candidates belonging to the Democratic Party were flagged as spam.

(H)

The percentage of emails during the previous quarter of the year flagged as spam from political campaigns of candidates belonging to the Democratic Party.

(I)

The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Democratic Party were flagged as spam by a filtering algorithm without direction from the email account owner or user.

(J)

The percentage of emails during the previous quarter of the year flagged as spam by a filtering algorithm without direction from the email account owner or user for emails from political campaigns of candidates belonging to the Democratic Party.

(K)

A descriptive summary of the kinds of tools, practices, actions, and techniques used by an operator of an email service during the previous quarter in determining which emails from political campaigns to flag as spam.

(3)

Publication and format

The operator of an email service shall publish each quarterly report required under this subsection with an open license, in a machine-readable and open format, and in a location that is easily accessible to consumers.

(c)

Disclosure for political campaigns

(1)

In General

Beginning 3 months after the date of the enactment of this Act, each operator of an email service shall be required to disclose to a political campaign, upon the request of the campaign and subject to paragraph (3), a report that includes any of the information described in paragraph (2) that is requested by the campaign.

(2)

Content of the disclosure

The information described in this paragraph is the following:

(A)

The number of instances during the previous quarter when emails from the political campaign requesting the information were flagged as spam.

(B)

The percentage of emails sent from the political campaign requesting the information that were flagged as spam during the previous quarter.

(C)

The number of instances during the previous calendar quarter when emails from the political campaign requesting the information were flagged as spam by a filtering algorithm.

(D)

The total number of emails sent from the political campaign requesting the information that reached the intended recipient's primary inbox.

(E)

The percentage of emails sent from the political campaign requesting the information that reached the intended recipient's primary inbox.

(F)

A descriptive summary as to why an email from the political campaign requesting the information did not reach the intended recipient's primary inbox.

(3)

Frequency of requests

A political campaign may not request that an operator of an email service provide a report containing any of the information described in paragraph (2) more than—

(A)

once per week during election years;

(B)

twice per month during non-election years; and

(C)

once a week in the 12 months preceding the date of a special election in which a candidate associated with the political campaign is seeking election.

(4)

Best practices

An operator of an email service shall provide to a political campaign, upon request, best practices on steps the political campaign should take to increase the number of emails from the political campaign that reach the intended recipient’s primary inbox.

(5)

Deadline for providing disclosure to political campaigns

An operator of an email service that receives a request from a political campaign for a disclosure report described in paragraph (1) or best practices described in paragraph (4) shall provide such report or best practices to the political campaign not later than 4 days after the operator receives the request.

(d)

Enforcement by the Federal Trade Commission

(1)

Unfair or deceptive acts or practices

A violation of subsection (a), (b), or (c) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).

(2)

Powers of Commission

(A)

In general

The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.

(B)

Privileges and immunities

Any person who violates subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

(C)

Authority preserved

Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.

3.

Definitions

In this Act:

(1)

Filtering algorithm

The term filtering algorithm means a computational process, including one derived from algorithmic decision making, machine learning, statistical analysis, or other data processing or artificial intelligence techniques, used by an email service to identify and filter emails sent to an email account.

(2)

Operator

(A)

In general

The term operator means any person who operates an email service and includes any person that wholly owns a subsidiary entity that operates an email service.

(B)

Exclusions

Such term shall not include any person who operates an email service if such service is wholly owned, controlled, and operated by a person that—

(i)

for the most recent 6-month period, did not employ more than 500 employees; and

(ii)

for the most recent 12-month period, averaged less than $5,000,000,000 in annual gross receipts.

(3)

Political campaign

The term political campaign includes—

(A)

an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2));

(B)

an authorized committee (as such term is defined in section 301(6) of such Act);

(C)

a connected organization (as such term is defined in section 301(7) of such Act);

(D)

a national committee (as such term is defined in section 301(15) of such Act);

(E)

a State committee (as such term is defined in section 301(15) of such Act); and

(F)

a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).