Pilot and Aircraft Privacy Act
- Sponsor
- Sen. Budd, Ted [R-NC]
- Committees
- Commerce, Science, and Transportation Committee (primary)
- Last action
- Jun 25, 2025
Bottom line
The bill aims to protect the privacy of general aviation pilots and aircraft owners by limiting how ADS-B data can be used by government agencies and airports, while also increasing transparency and restricting the application of fees imposed on general aviation aircraft by public-use airports.
What it actually does
This bill establishes new restrictions on the use of Automatic Dependent Surveillance-Broadcast (ADS-B) data, primarily to prevent its use for identifying aircraft to impose fees or charges. It also broadens existing prohibitions on using ADS-B data in investigations to include all levels of government. Furthermore, the bill mandates public-use airports to disclose specific financial information before imposing landing or take-off fees on general aviation aircraft and restricts the use of such fees solely to airside safety projects.
Proponents argue
Proponents argue that the bill is essential for protecting the privacy of pilots and aircraft owners, preventing the misuse of ADS-B data for revenue generation, and ensuring that any fees imposed on general aviation are transparent, justified, and used exclusively for airside safety improvements. They contend that these measures will safeguard the vitality of general aviation by preventing burdensome and opaque charges.
Opponents contend
Opponents might argue that restricting the use of ADS-B data could hinder efforts to improve air traffic management efficiency or limit valuable data sources for accident investigations, potentially impacting overall aviation safety. Some airport operators may also contend that the new disclosure requirements and restrictions on fee usage could create undue administrative burdens or limit their flexibility to fund critical airport infrastructure and operations.
The bill is concise and straightforward, making it accessible for an informed reader to evaluate its provisions within a short timeframe.
Section 2, amending 49 U.S.C. Chapter 447
Limitation on Use of ADS-B Data for Fees
This provision prohibits any person, including government agencies, from using Automatic Dependent Surveillance-Broadcast (ADS-B) data to identify an aircraft for the purpose of assessing a fee or imposing any other charge on its owner or operator. It also specifies that air traffic controllers may only use ADS-B data to assist in tracking aircraft for safety and efficiency, or for other purposes approved by the Secretary of Transportation after public comment.
Supporters argue
Supporters argue this provision is crucial for protecting the privacy of pilots and preventing the creation of new, potentially burdensome user fees based on flight tracking data, which could disproportionately affect general aviation.
Critics contend
Critics, if any, might argue that restricting data use could limit innovative approaches to funding aviation infrastructure or hinder the development of more efficient air traffic management systems that rely on comprehensive data analysis.
Tradeoffs
This provision balances pilot privacy concerns against potential uses of ADS-B data for broader aviation system management or revenue generation. It prioritizes privacy and protection from fees over potentially expanded data utility.
Section 3, amending 49 U.S.C. Section 46101(c)(1)
Expanded Limitation on ADS-B Data in Investigations
This section expands an existing prohibition on the Federal Aviation Administration (FAA) Administrator's use of ADS-B data in investigations. It now explicitly states that neither the FAA Administrator nor any other Federal, State, local, territorial, or Tribal official may use ADS-B data in investigations. This significantly broadens the scope of government entities restricted from using this data for investigative purposes.
Section 4, amending 49 U.S.C. Chapter 401
Requirements for Imposing Fees on General Aviation Aircraft
This provision establishes new requirements for public-use airport owners or operators before they can impose landing or take-off fees on general aviation aircraft. They must publicly disclose efforts to reduce non-airside expenses, seek alternative revenues, detail costs and funding timelines for airside safety projects, and assess the fee's impact on general aviation. Crucially, any revenues derived from such fees can only be used for airside safety projects.
Defines 'general aviation aircraft' for the purpose of the new fee imposition requirements. It specifies that a general aviation aircraft is one used for personal, recreational, or flight training purposes, or any purpose other than scheduled airline operations or military flights.
Section 4(d), amending 49 U.S.C. Chapter 401
Why it matters:This is standard legislative practice for defining terms relevant to a new section, but its placement could lead a casual reader to misinterpret the full breadth of the fee restrictions.
Case for: Defining 'general aviation aircraft' precisely ensures that the fee disclosure and usage restrictions apply to the intended segment of aviation, preventing ambiguity and potential overreach or under-reach of the new rules.
Case against: No specific case against the definition itself, but the definition's scope is critical to understanding the full impact of the fee restrictions, which could be contentious.
Estimated impact: The definition clarifies that the fee restrictions apply broadly to non-commercial and non-military aviation, encompassing a vast number of private pilots, flight schools, and small businesses.