January 2022

The Iceberg Theory of Federal Infrastructure Legislation

Michael Bennon

The Bipartisan Infrastructure Law (BIL) is now a few months old, but many questions remain as to how the law will impact major public works and, in turn, the P3 sector. Some of that uncertainty is due to the fact that investment and procurement decisions are primarily state or local decisions. But, given the BIL’s concentration of new discretionary programs and policy changes, some of the most important decisions in the legislation are not the programs themselves but how the Executive Branch plans to implement them.

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