UNITED STATES DISTRICT COURT 

DISTRICT OF PUERTO RICO

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO 

RICO,

as representative of

THE COMMONWEALTH OF PUERTO RICO,

et al.,

Debtors.

1

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

Re: ECF No. 19865

STATUS REPORT OF THE PUERTO RICO FISCAL AGENCY AND FINANCIAL

ADVISORY AUTHORITY REGARDING THE GOVERNMENT OF PUERTO RICO’S

RECENT ACTIVITIES AND RESPONSE TO THE ONGOING COVID-19 PANDEMIC

To the Honorable United States District Judge Laura Taylor Swain:

The Puerto Rico Fiscal Agency and Financial Advisory Authority (“AAFAF”), through its 

undersigned counsel, submits this status report on behalf of the Government of the Commonwealth 

of Puerto Rico (the “Government”) in response to the Court’s Order Regarding Procedures for

the February 2-3, 2022, Omnibus Hearing [ECF No. 19865] and states as follows:

1

 The Debtors in these Title III cases, along with each Debtor’s respective Title III case number listed as a 

bankruptcy case number due to software limitations and the last four (4) digits of each Debtor’s federal tax 

identification number, as applicable, are the (i) Commonwealth of Puerto Rico (the “Commonwealth”) (Bankruptcy 

Case No. 17-BK-3283 (LTS)) (Last Four Digits of Federal Tax ID: 3481), (ii) Employees Retirement System of the 

Government of the Commonwealth of Puerto Rico (“ERS”) (Bankruptcy Case No. 17-BK-3566(LTS)) (Last Four 

Digits of Federal Tax ID: 9686), (iii) Puerto Rico Highways and Transportation Authority (“HTA”) (Bankruptcy Case 

No. 17-BK-3567 (LTS)) (Last Four Digits of Federal Tax ID: 3808), and (iv) Puerto Rico Sales Tax Financing 

Corporation (“COFINA”) (Bankruptcy Case No. 17-BK-3284 (LTS)) (Last Four Digits of Federal Tax ID: 8474); (v) 

Puerto Rico Electric Power Authority (“PREPA”) (Bankruptcy Case No. 17-4780 (LTS)) (Last Four Digits of Federal 

Tax ID: 3747); and (vi) Puerto Rico Public Buildings Authority (“PBA”) (Bankruptcy Case No. 19-BK-5233-LTS) 

(Last Four Digits of Federal Tax ID: 3801).

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PRELIMINARY STATEMENT2

The Government has continued to be vigilant in its efforts on safeguarding public health 

and services, while simultaneously continuing to address the economic distress caused by the 

COVID-19 pandemic and stimulating economic activity, among other areas. In order to timely 

address and combat the substantial challenges associated with the Omicron variant, the 

Government (via the Department of Health (“DOH”)) (a) undertook the implementation several

measures to curb the spread of the virus and the new variant and has continued to encourage the 

vaccination ̶including the COVID-19 vaccine booster shots ̶of all eligible individuals and (b)

encouraged the testing of individuals who suspected that they had come in contact with the virus.

As a result, although an increase of positive cases was observed during the end of December 2021 

and the beginning of January 2022 consistent with has been occurring in other parts of the United 

States, Puerto Rico has now been observing a sustained, considerable diminution of COVID-19 

cases for the past weeks. As of today, daily confirmed cases average 581 and the positivity rate is

approximately 17.57%, a significant decrease when compared to the positivity rate of 39.5% 

observed less than a month before, on January 6, 20223, with 473,987 total molecular and

1,278,612 total antigen COVID-19 tests having been administered since the December Report. At 

this juncture, Puerto Rico continues to be among the top 15 jurisdictions in the world4in per capita 

rate of vaccination among its population; in fact, as of last week, over 5.4 million COVID-19 

vaccines have been administered and over 83.2% of all eligible residents in Puerto Rico have been 

2 Defined terms not otherwise defined herein shall have the same meaning given to them in Status Report of 

the Puerto Rico Fiscal Agency and Financial Advisory Authority Regarding the Government of Puerto Rico’s Recent 

Activities and Response to the Ongoing Covid-19 Pandemic (the “December Report”) [ECF No. 19515].

3 See, https://covid19datos.salud.gov.pr/.

4 See, Covid-19 vaccine tracker (ft.com).

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fully vaccinated, positioning Puerto Rico as the U.S. jurisdiction with the highest rate of 

administrated vaccine doses5.

Due to these and other factors, signs of improvement in Puerto Rico’s economy are 

palpable, most notably in the tourism sector, which is returning to ̶or even exceeding ̶the preCOVID-19 era. In fact, the Puerto Rico Tourism Company has seen an increase in the amount of 

cruise ships that have been arriving at the Commonwealth of Puerto Rico, having received thirteen 

during the last week of December 2021, with an estimated contribution of $2.8 million in economic

impact6and airport traffic has revealed slightly similar numbers to those observed in 2019.

Furthermore, Puerto Rico has also recently been active in international fairs to promote tourism 

from, among other places, Europe and Latin America7, and also had the honor of receiving an 

official visit of the King of Spain, S.M. Felipe VI to further promote, among other things, tourism

exchange between Spain and Puerto Rico8.

The Government has also continued to disburse federal and local aid to residents, 

businesses, hospitals, and municipalities. Since the last status report, the Government has 

continued its measures to aid municipalities, rebuild schools and Government buildings, and 

provide funding for hospitals, restaurants, tourism and other industries while simultaneously

implementing additional measures aimed to incentivize vaccination and achieve herd immunity. 

These endeavors have allowed the continued and gradual reopening of Puerto Rico’s economy 

while helping to curb the spread of COVID-19. These and other key data are summarized in the 

5 See, U.S. Vaccine Tracker.

6 See, Puerto Rico Tourism Company Press Release dated December 22, 2021.

7 See, Puerto Rico Tourism Company Press Release dated January 14, 2022.

8 See, Puerto Rico Tourism Company Press Release dated January 26, 2022.

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reports available at the COVID-19 Resource Center |AAFAF (pr.gov) and the AAFAF Weekly 

Reporting Dashboard, dated January 28 2022, and included as Exhibit A. 

I. Executive and Administrative Ordersto Address the Ongoing Crisis and the Omicron 

variant

1. Towards the end of November 2021, a new variant of COVID-19 ̶first detected 

around November 11, 2021 ̶was reported to the World Health Organization (“WHO”). On 

November 26, 2021, the WHO named it the Omicron variant, classifying it as a variant of concern

and on December 1, 2021, its first confirmed case in the United States was identified9. The WHO 

has stated ̶and statistics have so shown ̶that transmissibility of the Omicron variant is substantially 

higher than for other variants of COVID-19, globally causing the sharpest increases in positivity

growth rates observed since the commencement of the pandemic10.

2. Unfortunately, positivity rates, and hospitalizations have risen throughout the 

United States as a result of, among other things, the Omicron variant and the existence of

unvaccinated individuals. 

3. The Government, however, has continued its commitment to combatting the spread 

of the COVID-19 virus and achieve herd immunity, implementing several measures, among which 

is the continuance of its vaccination plan, including booster shots ̶the importance of which has 

been emphasized by the CDC ̶as detailed below. 

4. As stated in the December Report, to begin addressing the spread due to the 

Omicron variant, on December 3, 2021, the DOH issued Administrative Order 2021-523 through 

which the Government began requiring that any individual travelling into Puerto Rico from an 

9 See, Latest update of the Centers for Diseases Control and Prevention (“CDC”); see also, OA2021-523.

10 See, Press Releases of the WHO dated December 17, 2021; see also, WHO COVID-19 Dashboard.

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international location ̶regardless of their vaccination status ̶must comply with all federal authority 

requirements for negative COVID-19 tests11. 

5. On December 19, 2021, Governor Pedro R. Pierluisi (the “Governor”) issued 

Executive Order 2021-080 (“Executive Order 80”), to, among other things, require that all indoor 

and outdoor establishments holding multitudinous events ̶such as theaters, amphitheaters, 

stadiums, coliseums, convention and activity centers ̶to require all attendants to present, in 

addition to being fully vaccinated, to show a negative result PCR or antigen COVID-19 test (a 

“Negative Result”) taken 48 hours or less prior to any such event12. Furthermore, Executive Order 

80 requires that, for any multitudinous event with an agglomeration of over 500 attendees ̶held at 

any indoor place other than an amphitheater, stadium, coliseum, convention and activity center ̶

the establishment holding such event coordinates with the DOH to establish a protocol to guarantee 

that the activity is safe for all attendees. The terms of Executive Order 80 were put into effect on

December 22, 2021.

6. The next day, on December 20, 2021, the Governor issued Executive Order 2021-

081 (“Executive Order 81”), to, among other things, require that any passenger arriving to Puerto 

Rico on domestic flights, must present either (i) a Negative Result from a maximum period of 

forty-eight (48) hours prior to arriving to Puerto Rico, or (ii) obtain and present to the DOH a 

Negative Result within forty-eight (48) hours from such passenger’s arrival, subject to sanctions 

and/or fines for failure to do so. Moreover, passengers who have tested positive for COVID-19 

within ninety (90) days prior to a flight must present such result and documentation crediting their 

recuperation, including a medical or governmental certification that such passenger can travel.

11 See, OA2021-523.

12 See, Executive Order 80; see also, Fortaleza Press Release dated December 19, 2021.

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Should any passenger test positive after arriving in Puerto Rico, such passenger must comply with 

the quarantine directives of Administrative Order OE-2021-075 and follow the protocols 

established by the DOH, provided, further, that non-fully vaccinated passengers must remain

quarantined for a period of seven (7) days from their arrival, regardless of whether they test 

positive or obtain a Negative Result

13

. On the other hand, pursuant to Executive Order 81, 

passengers on international flights arriving in Puerto Rico must follow federal guidelines, 

including President Biden’s Proclamation on Advancing the Safe Resumption of Global Travel 

During the COVID-19 Pandemic dated October 25, 2021, and CDC orders.

7. On December 22, 2021, the Governor issued Executive Order 2021-082 

(“Executive Order 82”), to, among other things, require all health and education personnel ̶

whether they perform teaching or non-teaching tasks (including contractors), in educational 

institutions including schools, educational centers and universities, whether public or private ̶to 

obtain a booster shot on or before January 15, 202214. 

8. Further, on December 27, 2021, the Governor issued Executive Order 2021-085

(“Executive Order 85”), to, among other things, limit the occupancy for all establishmentsin which 

attendees remove their face masks to consume food and/or drinks (including restaurants, food 

courts, cafeterias, bars, sport bars, movie theaters, communal or activity centers and any other 

establishment that serves drink or prepared food) to a 50% occupancy if the activities take place 

indoors and to 75% if the activities take place outdoors15. 

9. On December 28, 2021, the DOH issued Administrative Order 2021-526A (“OA2021-526A”) to authorize, subject to certain conditions (i) additional nursing health professionals ̶

13 See, Executive Order 81.

14 See, Executive Order 82.

15 See, Executive Order 85.

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including students and paramedics ̶to administer COVID-19 tests and (ii) duly certified, licensed 

and authorized clinical labs to operate in temporary sites for the taking of such tests16. 

10. On December 31, 2021, after observing an alarming positivity rate of 32.14%, the 

Governor issued Executive Order 2021-086 (“Executive Order 86”), directing that all private 

business establishments that serve the public, subject to certain exceptions, must remain closed 

from 12:00am through 5:00am, further directing that, during such timeframe, all businesses were 

prohibited from selling alcoholic beverages to the public17. 

11. On that same date, the Governor issued Executive Order 2021-087 (“Executive 

Order 87”), to, among other things, and subject to certain exceptions, require all emergency service 

of personnel of the Public Security Department, and their respective bureaus, personnel of the 

Department of Correction and Rehabilitation and any other personnel indicated by the DOH to be 

fully vaccinated, including receiving a booster shot, by January 31, 202218. Further, Executive 

Order 87’s booster shot requirement was also extended to the private sector by directing employees 

over the age of 18 working in restaurants, bars, sport bars, supermarkets and gas stations to receive 

the shot on or before January 31, 2022.

12. On January 10, 2022, in light of the Food and Drug Administration’s authorization 

for the emergency use by high-risk COVID-19 patients of antiviral medications Paxlovid and 

Molnupiravir, the DOH issued Administrative Order 2021-527 (“OA-2021-527”) to, among other 

things, authorize, subject to certain conditions, institutional pharmacies to dispatch such 

medication to eligible patients19.

16 See, OA-2021-526A.

17 See, Executive Order 86.

18 See, Executive Order 87.

19 See, OA-2021-527.

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13. On January 13, 2022, the Governor issued Executive Order 2022-002 to reduce the 

total capacity of areas open to the public at government entities and private commercial operators 

alike to 75% and to further extend, until February 2, 2022 (i) the occupancy limitations of 

Executive Order 85 and (ii) the operating hour limitations for the establishments described in 

Executive Order 86

20

.

14. On that same date, the Governor issued Executive Order 2022-003 to require a 

booster shot, by February 15, 2022, subject to certain exceptions, to (a) all individuals who work 

in hotels, lodgings, theaters, movie theaters, coliseums, and convention and activity center, and

(b) all students of twelve (12) years or older (if eligible therefor)—including university and 

technical college students— of any public or private institution21.

15. The above-mentioned measures by the Government proved both timely and 

effective. As a matter of fact, during its peak increase, on or around January 6, 2022, Puerto Rico 

observed a positivity rate of 39.49%, which has been reduced to 17.57% as of today22 and is 

expected to continue decreasing. 

16. As a result, on January 28, 2022, the Governor issued Executive Orders 2022-05, 

2022-06 and 2022-07 providing, (i) for Executive Order 2022-05, providing that only nonvaccinated passengers arriving in Puerto Rico on domestic flights, must present either (a) a 

Negative Result from a maximum period of forty-eight (48) hours prior to arriving to Puerto Rico, 

or (b) obtain and present to the DOH a Negative Result within forty-eight (48) hours from such 

passenger’s arrival, subject to sanctions and/or fines for failure to do so and an obligatory 

quarantine period of seven (7) days, whereas passengers arriving on international flights, 

20 See, Executive Order 2022-002.

21 See, Executive Order 2022-003.

22 https://covid19datos.salud.gov.pr/; see also, Fortaleza Press Release dated January 20, 2022.

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regardless of their vaccination status, must continue to follow federal guidelines, including 

President Biden’s Proclamation on Advancing the Safe Resumption of Global Travel During the 

COVID-19 Pandemic dated October 25, 2021, and CDC orders, including having obtained a Negative 

Result within one day prior to boarding23; (ii) for Executive Order 2022-06 to extend, subject to 

certain conditions, the booster-shot requirement to public employees and contractors of the Executive 

Branch and to extend the deadline established in Executive Order 75 for students ̶between the ages of 

five to eleven years until either January 31, 2022 or sixty (60) days from the date of their birthday and, 

for all students of twelve (12) years or older24 and (iii) for Executive Order 2022-07, to modify (a) 

occupancy limitations for restaurants to allow indoor activities to operate at 75% of their capacity, 

whereas, for outdoor activities, eliminate occupancy limitations; (b) occupancy limitations for bars

and, among others, sport bars to 50% of their capacity; (c) occupancy limitations for indoor movie 

theaters and theaters to 75% of their capacity and; (d) for places used for multitudinous activities, 

such as amphitheaters, stadiums, coliseum, convention centers, communal centers or activity 

centers that serve alcoholic beverages, to limit their occupancy to 50% of their capacity25. 

17. Through Executive Order 2022-07, restaurants, bars, sport bars, movie theaters 

(and the establishments herein above listed) are permitted to operate, and multitudinous activities 

are permitted to take place, provided, however, that attendees at the foregoing must provide either 

evidence of being fully vaccinated or a Negative Test obtained at least forty-eight (48) hours prior 

to such event. Lastly, through Executive Order 2022-07, the 12:00am through 5:00am timeframe 

previously established through Executive Order 86 ̶within which business establishments could 

neither operate nor sell alcoholic beverages ̶was eliminated.

23 See, Executive Order 2022-005.

24 See, Executive Order 2022-006.

25 See, Executive Order 2022-007.

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18. The Government continues working closely with experts from various sectors to 

monitor the spread of the virus to adopt or modify any necessary restriction that may be required 

on a timely basis. 

II. Status of COVID-19 Vaccination Process, Infections and Hospital Capacity

19. As of today, the DOH has administered 5,433,656 doses of the COVID-19 vaccines 

and estimates that 83.2% (over 2.5 Million) of all eligible residents in Puerto Rico have been fully 

vaccinated and over 93.5% (over 2.8 Million) have received one dose26.

20. As stated in the December Report, the Government has continued promoting 

several programs to reach and encourage eligible individuals to get vaccinated, including holding 

multiple vaccination events throughout Puerto Rico, the latest of which was held on January 15, 

2022 as a vaccination fair in Old San Juan, for merchants, residents and visitors thereof27. These 

and other efforts continue to achieve results28.

21. Because of the increase in positive cases observed towards the end of December 

2021 and during January 2022, the commencement of in-person classes ̶originally scheduled for 

January 11, 2022 ̶was postponed until January 24, 202229. In preparation for the commencement 

of in-person classes, the DOH updated its prevention from COVID-19 Kindergarten through 12th

Grade guidelines on January 21, 202230 and then later on January 27, 202231, which, among other 

things, establishes a strategy for the consumption of foods on a to-go basis, seeks to limit the 

practice of high-contagion-risk sports and emphasizes the importance of improving ventilation in 

26 https://covid19datos.salud.gov.pr.

27 See, Fortaleza Press Release dated January 14, 2022; Fortaleza Press Release dated January 15, 2022.

28 Covid-19 vaccine tracker (ft.com).

29 See, Elnuevodia.com article dated January 5, 2022.

30 See, DOH Guidelines for COVID-19 Prevention in Schools, dated January 21, 2022.

31 See, DOH Guidelines for COVID-19 Prevention in Schools, dated January 27, 2022.

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classrooms, among other things. As detailed in previous reports, the DOH maintains a “dashboard”

to provide daily updates on COVID-19 related statistics32. As of today:

• Puerto Rico had 258,909 confirmed cases, 198,592 probable cases, and 3,855 

reported deaths.

• At the moment, a total of 1,432 ventilators (adult and pediatric) are in stock and 

available to be used in Puerto Rico. 422 are in use, of which 81 are due to COVID19. 147 of those in stock are pediatric ventilators and, of those, 119 are currently 

available; 28 of those pediatric ventilators are in use, and only one of them is in use 

due to COVID-19.

• 586 adult patients are hospitalized due to COVID-19, of whom 109 are in intensive 

care. 31 pediatric patients are hospitalized due to COVID-19, of whom 3 are in 

intensive care.

• 4,474 adult beds and 374 pediatric beds are currently in use out of a total 6,790 and 

958 hospital beds, respectively. Out of the total detailed above, 451 of ICU beds 

and 26 pediatric ICU beds are currently in use out of a total 596 and 66, 

respectively.

III. Update on Funding Related to COVID-19 and Disaster Relief Funds

A. Federal Funding under the American Rescue Plan Act

22. As stated in the December Report, the Government continues distributing federal 

assistance funds available under the American Rescue Plan (“ARPA”) pursuant to its strategic 

plan. As an important development, AAFAF has authorized the assignment of $65 million to the 

Puerto Rico Aqueduct and Sewer Authority, for the development of water and maintenance 

infrastructure projects for five (5) municipalities of the island, specifically, Naranjito, Fajardo, 

Cayey, Juncos and Aguas Buenas33. In the case of Naranjito, the assignment will be directed 

towards the construction of a treatment and distribution water plant that is expected to benefit over 

11,000 residents of such municipality. 

32 https://covid19datos.salud.gov.pr/.

33 See, Governor Press Release dated December 26, 2021.

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B. Federal Funding Under the Coronavirus Relief Fund

23. As of January 21, 2022, the Government has disbursed $2,090,318,008 of the 

$2,240,625,864 it has received under the CARES Act Coronavirus Relief Fund. AAFAF has 

published a report detailing the use of these funds and the disbursements made as of January 21, 

2022, which is available at COVID-19 Resource Center | AAFAF (pr.gov). See also Exhibit A.

C. Update on Disbursements Under the Emergency Measure Support Package

24. With regard to the COVID-19 Emergency Measure Support Package detailed in the 

previous reports, as of January 21, 2022, the Government has disbursed $524.3 million out of the 

$787.7 million approved in the package. AAFAF has published a report detailing the use of these 

funds and the disbursements made as of January 21, 2022, which is available at COVID-19 

Resource Center | AAFAF (pr.gov). See also Exhibit A.

D. Update on Disaster Relief Funds34

25. The Government maintains its commitment to using relief and funding efforts to

addres the natural disasters that have affected Puerto Rico in recent years, including the continued 

recovery following Hurricanes Irma and María and the earthquakes that impacted (and continue to 

impact) the southern and southwestern part of Puerto Rico beginning early in 2020.

26. The Government continues to disburse federal aid, and among the various 

disbursements made and developments since the last status report are the following:

• On December 15, 2021, the executive director of COR3 and directors of the Federal

Emergency Management Agency (“FEMA”) ̶from Puerto Rico and New York 

executives ̶announced that they held a meeting in mid-December 2021 to establish 

a prospective work plan for the reconstruction of Puerto Rico, which contemplates 

34 The data and information provided herein has been obtained by AAFAF directly from COR3.

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an estimated amount of 2,000 reconstruction projects which are projected to be in 

their execution phase35;

• Furthermore, FEMA continues to assist with the recovery of Puerto Rico from (i) 

the series of earthquakes that hit the island at the end of 2019 and beginning of 

2020, having allocated over $523 million for the reconstruction, reparation and 

rehabilitation of, among other things, schools, public buildings like police stations, 

fire stations, and judicial centers, as well as public roads36 and (ii) the aftermath of 

the passing of Hurricane María in 2017, surpassing the approval of 9,000 projects 

for such purpose and particularly aiming for the restoration of Puerto Rico’s 

electrical and aqueduct systems37;

• In addition, on January 24, 2022, FEMA approved over $554 million in recovery 

fundsto the Puerto Rico Public Housing Administration for the restoration of public 

housing facilities ̶which serve as home for more than 59,000 families ̶that were 

affected by the passing of Hurricane María38;

27. As of January 24, 2022, the United States Congress has appropriated 

$77,308,262,035 for Puerto Rico’s recovery efforts. Of this amount, approximately 

$65,049,116,786 has been committed by federal agencies for distribution, and $22,312,496,710 ̶

around 29% of the appropriated amounts ̶has been disbursed. Of the amounts obligated and 

disbursed, FEMA has approved $36,576,813,088 and disbursed $14,860,473,026 ̶approximately 

35 See, COR3 Press Release, December 15, 2021.

36 See, COR3 Press Release, dated January 11, 2022.

37 See, COR3 Press Release, dated January 20, 2022.

38 See, COR Press Release, dated January 24, 2022.

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41% ̶of the total amounts detailed above. The Government’s use of these funds is detailed on the 

COR3 website and can be accessed at: https://recovery.pr/en. See also Exhibit A.

Dated: February 1, 2022

San Juan, Puerto Rico

Respectfully submitted,

O’MELVENY & MYERS LLP

/s/ John J. Rapisardi

John J. Rapisardi

Maria J. DiConza

7 Times Square 

New York, NY 10036 

Telephone: (212) 326-2000 

Facsimile: (212) 326-2061 

Email: jrapisardi@omm.com 

mdiconza@omm.com 

-andPeter Friedman

1625 Eye Street, NW 

Washington, DC 20006 

Telephone: (202) 383-5300 

Facsimile: (202) 383-5414 

Email: pfriedman@omm.com 

Attorneys for the Puerto Rico Fiscal 

Agency and Financial Advisory 

Authority 

MARINI PIETRANTONI MUÑIZ LLC

/s/ Luis C. Marini-Biaggi

Luis C. Marini-Biaggi

USDC No. 222301 

Carolina Velaz-Rivero

USDC No. 300913

250 Ponce de León Ave., Suite 900

San Juan, Puerto Rico 00918

Tel: (787) 705-2171

Fax: (787) 936-7494

lmarini@mpmlawpr.com

cvelaz@mpmlawpr.com

Attorneys for the Puerto Rico Fiscal Agency 

and Financial Advisory Authority

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