Twenty issues. The facts, the law and who decides.

Key facts

1. 3,184,835 people lived in Puerto Rico on July 1, 2025, more than in 18 states, from Wyoming (588,753) to Arkansas (3,114,791). [1]
2. 0 U.S. senators.
3. 1 Resident Commissioner, elected for a four-year term. Representatives serve two-year terms. [2]
4. The Resident Commissioner and the five delegates "may vote and otherwise act similarly to Members in legislative committee. They may not vote on the House floor." [3]
5. The Resident Commissioner's office is created by statute, not by the Constitution. [3]
6. No electoral votes: the Constitution assigns presidential electors to states, and the 23rd Amendment adds D.C. Residents of Puerto Rico can't vote in the general election for President. [4]

How Puerto Rico got here

• The four-year term is set by statute: the Act of March 2, 1917 (the Jones Act), as codified in 48 U.S.C. §891. [2]
• The House decides the Resident Commissioner's parliamentary rights in its rules. Under the rules CRS describes for the 117th Congress, delegates and the Resident Commissioner could also vote in the Committee of the Whole, subject to an automatic revote whenever their votes were decisive. [3]

Who decides

Representation in the House and Senate depends on statehood under the Constitution. Changing it would require admission as a state (Art. IV, Sec. 3) or a constitutional amendment. The House sets the Resident Commissioner's floor and committee rights in its own rules each Congress. [3][4]

Puerto Rico compared with the states

Frequently asked questions

• Are people in Puerto Rico U.S. citizens? Yes. People born in Puerto Rico are U.S. citizens. [5]
• Can a Puerto Rican vote for President? Yes, after moving to a state, just like any other citizen. Residence, not birthplace, determines the vote. [4]
• Is the Resident Commissioner a "real" member? The Resident Commissioner is elected, serves on committees, introduces bills and debates, but can't cast a final vote on the House floor. [3]

What you can do

1. Ask your own senators whether they believe U.S. citizens in Puerto Rico should have voting representation.
2. If you live in a state, register and vote. Your representatives decide Puerto Rico's future too.
3. Share this fact sheet.

Sources

1. U.S. Census Bureau, Vintage 2025 population estimates (states and Puerto Rico). www2.census.gov/…/NST-EST2025-ALLDATA.csv
2. 48 U.S.C. §891, Resident Commissioner; election. law.cornell.edu/uscode/text/48/891
3. Congressional Research Service, Parliamentary Rights of the Delegates and Resident Commissioner from Puerto Rico (R40170, updated Feb. 1, 2022). congress.gov/crs-product/R40170
4. U.S. Constitution, Art. II, Sec. 1; Amendment XXIII; Art. IV, Sec. 3. constitution.congress.gov
5. United States v. Vaello Madero, 596 U.S. 159 (2022). law.cornell.edu/supremecourt/text/20-303

Key facts

1. 58.61% of valid votes chose statehood in the 2024 plebiscite (620,782 votes), ahead of free association (29.57%) and independence (11.82%). The current territorial status was not on the ballot. [2]
2. 52.52% voted Yes to immediate admission as a state in the November 3, 2020 referendum (655,505 Yes to 592,671 No). [3]
3. 3,184,835 people live in Puerto Rico, more than in 18 states. They have 0 senators, 0 voting House members and 0 presidential electors. [4][6]
4. The House passed the Puerto Rico Status Act, H.R. 8393, by 233–191 on December 15, 2022, with votes from both parties. It was the first Puerto Rico status bill to pass either chamber since 2010. The Senate did not act. [7]
5. The statehood admission bill H.R. 1522 (117th Congress) had 81 cosponsors from both parties. [8]
6. Residents of Puerto Rico paid $5.54 billion in gross federal taxes collected by the IRS in FY2025. [9]
7. About 73,000 veterans live in Puerto Rico, and none of them can vote for their commander in chief while living there. [10]

What statehood would change

The last column describes what admission would mean under current law. Any admission act could set transition schedules.

How to make the case to Congress

1. Lead with the vote. "Puerto Rico's voters chose statehood in 2020 and again in 2024, with 58.61% of valid votes." [2][3]
2. Make it about equal citizenship. Nearly 3.2 million U.S. citizens, more than in 18 states, have no senators, no voting representative and no vote for President. [4][6]
3. Connect it to their constituents. Look up the member's state in NAPREC's Congress & PR Status directory, which shows each state's Puerto Rican-origin population and the member's record. [14]
4. Show it has bipartisan support. The House passed a status bill 233–191 in 2022, and the 2021 admission bill had 81 cosponsors from both parties. [7][8]
5. Make one clear ask. "Will you cosponsor statehood admission legislation in the next Congress, and will you put that in writing?"
6. Leave this fact sheet behind and follow up within two weeks.

Answering common objections

• "They don't pay federal taxes." Residents pay Social Security and Medicare taxes, and the IRS collected $5.54 billion from Puerto Rico in FY2025. [9]
• "The vote didn't count blank ballots." Official results count valid votes, as in every election. Statehood also won the 2020 Yes-or-No vote. [2][3]
• "It needs a constitutional amendment." It doesn't. Congress admits new states by law (Art. IV, Sec. 3). [1]

What Congress has done

• H.R. 1522 / S. 780 (117th Congress): Puerto Rico Statehood Admission Act bills, introduced in 2021. Neither was enacted. [8]
• H.R. 8393 (117th Congress): Puerto Rico Status Act, with statehood, independence and free association as options and no territorial option. It passed the House 233–191 on December 15, 2022, but was not enacted. [7]
• H.R. 2757 / S. 3231 (118th Congress): reintroduced versions of the Status Act. Neither was enacted. [15]
• H.R. 9246 (119th Congress): introduced June 10, 2026 by Res. Comm. Pablo José Hernández. It would hold a plebiscite on March 14, 2027 with four options, including "Commonwealth (Estado Libre Asociado)". It is in House Natural Resources. [16]

Who decides

• Congress: "New States may be admitted by the Congress into this Union" (Art. IV, Sec. 3, Cl. 1). Admission takes a majority in both chambers and the President's signature, like any law. [1]
• House Committee on Natural Resources handles Puerto Rico status and admission bills. [7][16]
• Senate Committee on Energy and Natural Resources received the Senate bills. [15]

Frequently asked questions

• Is a local plebiscite binding? No. It records voters' choice. Admission requires an act of Congress. [1]
• Would Puerto Ricans keep their U.S. citizenship? Yes. People born in Puerto Rico are U.S. citizens today, and statehood would not change that. [17]
• How were the last states admitted? By acts of Congress. Oklahoma's enabling act, for example, admitted it "on an equal footing with the original states." [5]

What you can do

1. Use the steps above to ask your representative and senators to cosponsor statehood admission legislation in the next Congress.
2. Check where your members stand in NAPREC's Congress & PR Status directory. [14]
3. Share this fact sheet with your network and bring it to every meeting.

Sources

1. U.S. Constitution, Art. I, Sec. 2–3; Art. II, Sec. 1; Art. IV, Sec. 3. constitution.congress.gov
2. Comisión Estatal de Elecciones de Puerto Rico, Certification of final results, Plebiscite 2024 (Jan. 17, 2025). ww2.ceepur.org/…/Certification%20of%20final%20results%20-%20Plebiscite%202024.pdf
3. Official results of the 2020 plebiscite, as posted by the Comisión Estatal de Elecciones on Dec. 31, 2020 (Puerto Rico Report). puertoricoreport.com/official-results-of-the-2020-plebiscite
4. U.S. Census Bureau, Vintage 2025 population estimates (states and Puerto Rico). www2.census.gov/…/NST-EST2025-ALLDATA.csv
5. Coyle v. Smith, 221 U.S. 559 (1911). law.cornell.edu/supremecourt/text/221/559
6. Congressional Research Service, Parliamentary Rights of the Delegates and Resident Commissioner from Puerto Rico (R40170). congress.gov/crs-product/R40170
7. H.R. 8393 (117th Congress), official bill status and House Roll Call 529. govinfo.gov/bulkdata/BILLSTATUS/117/hr/BILLSTATUS-117hr8393.xml clerk.house.gov/Votes/2022529
8. H.R. 1522 and S. 780 (117th Congress), official bill status. govinfo.gov/bulkdata/BILLSTATUS/117/hr/BILLSTATUS-117hr1522.xml govinfo.gov/bulkdata/BILLSTATUS/117/s/BILLSTATUS-117s780.xml
9. NAPREC Fact Sheet 06, Federal taxes (IRS Data Book 2025, Table 1-5; IRS Publication 570). www.naprec.org
10. NAPREC Fact Sheet 11, Veterans (VA VetPop2023 state data, estimate for Sept. 30, 2025). www.naprec.org
11. NAPREC Fact Sheet 07, The Insular Cases. www.naprec.org
12. NAPREC Fact Sheet 03, Medicaid (CRS IF11012; HHS FMAP notice, Nov. 29, 2024). www.naprec.org
13. NAPREC Fact Sheet 05, SSI (SSA, SSI eligibility; United States v. Vaello Madero, 596 U.S. 159 (2022)). www.naprec.org
14. NAPREC, Congress & PR Status directory. www.naprec.org
15. H.R. 2757 and S. 3231 (118th Congress), official bill status. govinfo.gov/bulkdata/BILLSTATUS/118/hr/BILLSTATUS-118hr2757.xml govinfo.gov/bulkdata/BILLSTATUS/118/s/BILLSTATUS-118s3231.xml
16. H.R. 9246 (119th Congress), bill text and official bill status. govinfo.gov/content/pkg/BILLS-119hr9246ih/html/BILLS-119hr9246ih.htm
17. United States v. Vaello Madero, 596 U.S. 159 (2022). law.cornell.edu/supremecourt/text/20-303

Key facts

1. $3.645 billion: Puerto Rico's federal Medicaid cap for FY2026, set in the Consolidated Appropriations Act, 2023. The cap rises to $3.825 billion in FY2027. [2]
2. 76%: Puerto Rico's current federal matching rate (FMAP), a temporary increase over the 55% written in permanent law. [1][3]
3. Sept. 30, 2027: when the 76% rate ends. From FY2028 the rate returns to 55% and the cap is recalculated from a much lower base. [1][2]
4. About 1.2 million people in Puerto Rico have Medicaid coverage, according to the Resident Commissioner's office. The office estimates annual federal funding could fall from about $3.8 billion to about $500 million without congressional action. [4]
5. States' matching rates range from 50% to 83%, depending on per-capita income. The other four territories (American Samoa, CNMI, Guam, USVI) now have a permanent 83% rate. [1]
6. Puerto Rico had to start an asset verification program by Jan. 1, 2026. Otherwise its regular matching rate is reduced in small steps (0.12 points in FY2026, rising after that). [1]

How Puerto Rico got here

• Unlike the states, Puerto Rico's federal Medicaid funding is capped under Section 1108 of the Social Security Act, and its matching rate is fixed in law (55% under permanent law) rather than set by the states' per-capita-income formula. Congress has amended these limits many times since the 1960s. [1][2][5]
• Congress has passed a series of temporary increases, most recently in the Consolidated Appropriations Act, 2023 (Public Law 117-328), which set the FY2023–FY2027 caps and extended the 76% rate. [2]
• The same law made permanent the higher funding and the 83% rate for the other four territories, but not for Puerto Rico. [2]

What's in Congress now

No bill has yet been introduced in the 119th Congress to extend Puerto Rico's funding past FY2027. As of September 23, 2026, the Resident Commissioner's office says it is working with colleagues on legislation and holding briefings with congressional staff from both parties. [4]

Earlier example: H.R. 1722 (117th Congress), the Puerto Rico Health Care Fairness, Accountability, and Beneficiary Access Act, was referred to the House Energy and Commerce Committee and its Health Subcommittee; it didn't advance. [6]

Who decides

• House Committee on Energy and Commerce, Health Subcommittee: Medicaid legislation, such as H.R. 1722. [6]
• Senate Committee on Finance: its jurisdiction includes "health programs under the Social Security Act, including Medicare, Medicaid" and matters relating to the insular possessions. [7]

Puerto Rico compared with the states

Frequently asked questions

• Will coverage end on October 1, 2027? The law doesn't end the program. It sharply reduces federal funding unless Congress acts. How Puerto Rico responds to a smaller budget would determine the effect on coverage. [1][4]
• Why can the other territories keep 83% but not Puerto Rico? Congress chose to make those terms permanent for the other four territories in 2022. It hasn't done so for Puerto Rico. [2]
• Would statehood change this? As a state, Puerto Rico would be subject to the same open-ended financing and matching-rate formula as the other states. [1]

What you can do

1. Ask your representative and senators what they will do before September 30, 2027.
2. Ask the House Energy and Commerce and Senate Finance committees to hold a hearing on the Puerto Rico Medicaid cliff.
3. Share this fact sheet with a clinic, hospital or patient group.

Sources

1. Congressional Research Service, Medicaid Financing for the Territories (IF11012). congress.gov/crs-product/IF11012
2. Congressional Research Service, Legislative History of Medicaid Financing for the Territories (R47601). congress.gov/crs-product/R47601
3. HHS, Federal Matching Shares for Medicaid… October 1, 2025, Through September 30, 2026, 89 FR (Nov. 29, 2024). federalregister.gov/documents/2024/11/29/2024-27910
4. Office of Resident Commissioner Pablo José Hernández, press release, Sept. 23, 2026. hernandez.house.gov/…/comisionado-residente-prioriza-gestiones-en-el-congreso-para-evitar-precipicio
5. Social Security Act §1108 (compilation). ssa.gov/OP_Home/ssact/title11/1108.htm
6. H.R. 1722 (117th Congress), official bill status record. govinfo.gov/bulkdata/BILLSTATUS/117/hr/BILLSTATUS-117hr1722.xml
7. U.S. Senate Committee on Finance, Jurisdiction. finance.senate.gov/about/jurisdiction

Key facts

1. $2,978,891,000 is Puerto Rico's NAP block grant for fiscal year 2026. [1]
2. About 1.42 million people are served by NAP in an average month. [1]
3. The grant pays 100% of benefits and 50% of administrative costs; Puerto Rico pays the other half of administration. [1]
4. Because funding is capped, "an increase in NAP participation may result in the decrease of NAP benefits" (USDA). [1]
5. Compared with SNAP, NAP's maximum income limit and benefit levels are lower, and there is no gross income test. [1]
6. NAP benefits can't be used outside Puerto Rico: the island's EBT card isn't interoperable with SNAP. [1]
7. NAP includes local features: +4% in benefits for local products at Family Markets, and 20% higher benefits for older adults. [1]

How Puerto Rico got here

• Puerto Rico once operated the regular Food Stamp Program. In July 1982, Congress replaced it with a capped block grant, now authorized under Section 19 of the Food and Nutrition Act of 2008. [1]
• In the Further Consolidated Appropriations Act, 2020 (Public Law 116-94), Congress directed USDA to update its 2010 study of moving Puerto Rico to SNAP. USDA published the update in July 2022. [2]

What USDA's 2022 study found [2]

• Congress must act first: it would have to amend the Food and Nutrition Act; then USDA writes regulations and Puerto Rico's Legislative Assembly authorizes and funds the program.
• About 10 years to fully implement after Congress authorizes it, driven mostly by building new data systems.
• $341–$426 million in one-time implementation costs, over 80% of it for data systems.
• $249–$414 million a year to administer and about $4.5 billion a year in benefits (2031 dollars), for an estimated 861,000 participating households. USDA would pay about 54% of administrative costs.
• Puerto Rico's share of administrative costs would be more than twice its 2021 NAP administrative costs, and more staff and stronger local office infrastructure would be needed.

What's in Congress now (119th Congress)

*Official cosponsor count as of October 17, 2026. Both bills would amend the Food and Nutrition Act of 2008 to move Puerto Rico to SNAP. Neither has passed committee. Introducing a bill does not change current law.

Who decides

• House Committee on Agriculture, Subcommittee on Nutrition and Foreign Agriculture, has the House bill. [3]
• Senate Committee on Agriculture, Nutrition, and Forestry has the Senate bill. [4]
• Congress sets the block grant amount each year. [5]

Puerto Rico compared with the states

Frequently asked questions

• Would moving to SNAP happen automatically if a bill passes? No. USDA estimates about 10 years of rulemaking, program design and new data systems after Congress acts. [2]
• Would every current participant get more? USDA expects broader eligibility and generally higher benefits under SNAP, but rules would change, and individual outcomes would depend on the final program design. [2]
• Is this about statehood? Moving to SNAP doesn't require statehood; it requires an act of Congress. As a state, Puerto Rico would be part of SNAP under the same national rules as the other states.

What you can do

1. Ask your representative and senators whether they cosponsor H.R. 5168 or S. 3958, and record their answer.
2. Ask how a transition would protect current NAP households during the 10-year implementation.
3. Share this fact sheet with a community organization or food bank.

Sources

1. USDA, Summary of Nutrition Assistance Program – Puerto Rico (page updated Mar 30, 2026). fns.usda.gov/nap/pr/summary
2. USDA Food and Nutrition Service, Update to Feasibility Study of Implementing USDA's SNAP in Puerto Rico, Research Summary, July 2022. fns.usda.gov/research/snap/feasibility-study-implementing-puerto-rico
3. H.R. 5168 (119th Congress), official bill status record. govinfo.gov/bulkdata/BILLSTATUS/119/hr/BILLSTATUS-119hr5168.xml congress.gov/bill/119th-congress/house-bill/5168
4. S. 3958 (119th Congress), official bill status record. govinfo.gov/bulkdata/BILLSTATUS/119/s/BILLSTATUS-119s3958.xml congress.gov/bill/119th-congress/senate-bill/3958
5. USDA, Nutrition Assistance Program (NAP) Block Grants (territories overview). fns.usda.gov/nap

Key facts

1. Who can get SSI: residents of the 50 states, D.C. and the Northern Mariana Islands. A person loses eligibility after being away for a full calendar month or 30 consecutive days. [1]
2. AABD "operates only in Puerto Rico" (HHS). It's the pre-1972 program that SSI replaced everywhere else. [2][3]
3. How AABD works, as the Supreme Court described it: the territory sets its own income and asset limits and benefit amounts, with federal matching funds subject to a statutory cap. SSI, by contrast, has uniform federal eligibility rules and is fully federally funded. [3]
4. United States v. Vaello Madero (April 21, 2022, 8–1): the Court held that the Constitution doesn't require Congress to extend SSI to Puerto Rico residents. The majority relied in part on Puerto Rico residents' exemption from most federal income taxes. [3]
5. GAO's 2014 estimate: actual federal spending in 2011 on Puerto Rico's similar program was $24 million. If Puerto Rico had been a state, SSI spending would have been an estimated $1.5–$1.8 billion. [4]

How Puerto Rico got here

• Before 1972, aid to older, blind and disabled people came through state- and territory-run programs with federal matching funds. When Congress created SSI in 1972, it limited the program to residents of "the 50 States and the District of Columbia." It later extended SSI to the Northern Mariana Islands, but not to Puerto Rico. [3]
• Earlier cases (Califano v. Torres, 1978; Harris v. Rosario, 1980) upheld differences in benefits for Puerto Rico under a deferential standard, and Vaello Madero followed them. [3]

What's in Congress now (119th Congress)

Introducing a bill doesn't change current law. Cosponsor counts are from the official record as of Oct. 17, 2026.

Who decides

• House Committee on Ways and Means has the House bill. [5]
• Senate Committee on Finance: its jurisdiction includes national social security. [6]

Puerto Rico compared with the states

Frequently asked questions

• Did the Supreme Court say the exclusion is fair? No. It held that the Constitution doesn't require Congress to extend SSI. Congress remains free to do so. [3]
• Does this affect Social Security retirement or disability (SSDI)? No. Those programs are separate, and residents of Puerto Rico pay Social Security taxes and are covered. This fact sheet is about SSI.
• Would statehood change this? As a state, Puerto Rico residents would be eligible for SSI under the same rules as the other states. [4]

What you can do

1. Ask your representative whether they cosponsor H.R. 4814 or H.R. 7828.
2. Ask your senators whether they cosponsor S. 4001.
3. Share this fact sheet with a disability or senior advocacy group.

Sources

1. Social Security Administration, SSI Eligibility. ssa.gov/ssi/text-eligibility-ussi.htm
2. HHS, Federal Matching Shares for Medicaid, CHIP, and Aid to Needy Aged, Blind, or Disabled Persons… FY2026, Federal Register, Nov. 29, 2024. federalregister.gov/documents/2024/11/29/2024-27910
3. United States v. Vaello Madero, 596 U.S. 159 (2022). supremecourt.gov/opinions/21pdf/20-303_6khn.pdf
4. GAO, Puerto Rico: Information on How Statehood Would Potentially Affect Selected Federal Programs and Revenue Sources (GAO-14-31, Mar. 4, 2014). gao.gov/products/gao-14-31
5. H.R. 4814 (119th Congress), official bill status record. govinfo.gov/bulkdata/BILLSTATUS/119/hr/BILLSTATUS-119hr4814.xml
6. U.S. Senate Committee on Finance, Jurisdiction. finance.senate.gov/about/jurisdiction
7. H.R. 7828 (119th Congress), bill text and official bill status. govinfo.gov/bulkdata/BILLSTATUS/119/hr/BILLSTATUS-119hr7828.xml
8. S. 4001 (119th Congress), bill text (Sec. 13) and official bill status. govinfo.gov/content/pkg/BILLS-119s4001is/html/BILLS-119s4001is.htm

Key facts

1. $5.54 billion: IRS gross collections from Puerto Rico in FY2025 ($5,541,476,000), about $4.3 billion of it withheld income and payroll (FICA) taxes. For comparison: Vermont $6.45 billion, Wyoming $8.57 billion. [1]
2. Puerto Rico-source income is excluded: a bona fide resident files a U.S. return reporting worldwide income excluding Puerto Rico-source income. [2]
3. Federal employees are an exception: civilian and military federal employees in Puerto Rico pay federal income tax on that pay. [2]
4. Social Security and Medicare taxes apply: self-employed residents generally owe U.S. self-employment tax even with no federal income tax filing requirement. [2]
5. Child tax credit: bona fide residents can claim the additional child tax credit with one or more qualifying children; earlier, three were required. [4]
6. The Supreme Court noted that Congress "has not required residents of Puerto Rico to pay most federal income, gift, estate, and excise taxes," and used that exemption to justify excluding residents from SSI. [5]

How Puerto Rico got here

• Puerto Rico residents also pay Puerto Rico income tax on their worldwide income, and they can credit U.S. taxes paid on U.S.-source income against it. [2]
• The federal exclusion for Puerto Rico-source income is set in the Internal Revenue Code (Section 933). Changing it would take an act of Congress. [2]

What statehood would change (GAO, 2014)

Under statehood, residents "would be subject to federal tax on all their income." Had Puerto Rico been a state in 2010, GAO estimated federal individual income tax revenue from Puerto Rico taxpayers at $2.2–$2.3 billion, after refundable credits such as the earned income tax credit. Residents reported paying $20 million that year. [6]

Who decides

• House Committee on Ways and Means, the chief tax-writing committee. [7]
• Senate Committee on Finance: "taxation and other revenue measures generally, and those relating to the insular possessions." [8]

Puerto Rico compared with the states

Frequently asked questions

• Is it true residents pay no federal taxes? No. IRS collected $5.54 billion in FY2025, mostly withheld income and payroll taxes. [1]
• Is the IRS figure the same as tax "owed by" residents? Not exactly. It's gross collections classified by taxpayer address, before refunds. [1]
• Why does this matter for equality? Courts and Congress have pointed to the tax difference to justify unequal benefits (see Fact Sheets 03 and 05). [5]

What you can do

1. Correct the myth: share the IRS figure and this fact sheet.
2. Ask candidates how they'd address the link between taxes and benefits.
3. Families: check whether you can claim the additional child tax credit. See IRS Form 1040-SS instructions or a free VITA site.

Sources

1. IRS, Data Book 2025, Table 1-5, Gross Collections by Type of Tax and State, FY2025. irs.gov/statistics/returns-filed-taxes-collected-and-refunds-issued
2. IRS, Publication 570 (2025), Tax Guide for Individuals With Income From U.S. Territories. irs.gov/publications/p570
3. United States v. Vaello Madero, 596 U.S. 159 (2022). supremecourt.gov/opinions/21pdf/20-303_6khn.pdf
4. IRS, Instructions for Form 1040-SS (2025). irs.gov/instructions/i1040ss
5. United States v. Vaello Madero (majority opinion). law.cornell.edu/supremecourt/text/20-303
6. GAO-14-31 (Mar. 4, 2014). gao.gov/products/gao-14-31
7. House Committee on Ways and Means, About. waysandmeans.house.gov/about
8. U.S. Senate Committee on Finance, Jurisdiction. finance.senate.gov/about/jurisdiction

Key facts

1. Downes v. Bidwell (1901), the leading Insular Case, began as a tax dispute over goods shipped between Puerto Rico and the mainland under the Foraker Act. [1]
2. Balzac v. Porto Rico (1922): the Court held that the right to a jury trial didn't apply in unincorporated territories like Puerto Rico, even though Congress had made Puerto Ricans U.S. citizens in 1917. [1]
3. 2022, United States v. Vaello Madero, Justice Gorsuch, concurring: "The Insular Cases have no foundation in the Constitution and rest instead on racial stereotypes. They deserve no place in our law." He wrote that he hoped the Court would "squarely overrule them." [1]
4. February 26, 2026: the Puerto Rico Advisory Committee to the U.S. Commission on Civil Rights issued its final report, The Insular Cases and the Doctrine of the Unincorporated Territory and its Effects on the Civil Rights of the Residents of Puerto Rico. The committee itself was established in 2022. [2]
5. H.Res. 279 (117th Congress), a resolution urging the rejection of the Insular Cases, was introduced on March 26, 2021 with 16 cosponsors. It was referred to a Judiciary subcommittee and didn't receive a floor vote. [3]

Why it matters

The Insular Cases are the legal foundation for treating U.S. citizens in Puerto Rico differently under federal law, including the distinctions in benefits and representation described in Fact Sheets 01, 03, 04 and 05.

Who decides

• The Supreme Court can overrule its own precedents. A majority hasn't done so; in 2022 no party asked the Court to. [1]
• Congress can't overrule a court decision by resolution. It can, however, change the laws that treat Puerto Rico differently, or admit Puerto Rico as a state. [2][4]

Frequently asked questions

• Are the Insular Cases still "good law"? They haven't been overruled. Justice Gorsuch's 2022 opinion is a concurrence, not the opinion of the Court. [1]
• Would statehood end their effect on Puerto Rico? As a state, Puerto Rico would no longer be a territory, so the territorial incorporation doctrine wouldn't apply to it.

What you can do

1. Read the Civil Rights Commission advisory committee report and share its recommendations.
2. Ask your representative whether they'd support a resolution rejecting the Insular Cases in the 119th Congress.
3. Share this fact sheet with a law school or civics class.

Sources

1. United States v. Vaello Madero, 596 U.S. 159 (2022), including Gorsuch, J., concurring. law.cornell.edu/supremecourt/text/20-303
2. U.S. Commission on Civil Rights, Puerto Rico Advisory Committee, report of Feb. 26, 2026. usccr.gov/…/insular-cases-and-doctrine-unincorporated-territory-and-its-effects-civil-rights
3. H.Res. 279 (117th Congress), official bill status record. govinfo.gov/bulkdata/BILLSTATUS/117/hres/BILLSTATUS-117hres279.xml
4. U.S. Constitution, Art. IV, Sec. 3. constitution.congress.gov/browse/article-4/section-3

Key facts

1. June 30, 2016: PROMESA (Public Law 114-187) was signed into law. [1][4]
2. The Board "shall consist of seven members appointed by the President." The Governor, or the Governor's designee, is an ex officio member "without voting rights." [4]
3. Today the Board's website lists four appointed members (Arthur J. González, Chair; Andrew G. Biggs; John E. Nixon; Betty A. Rosa) plus the Governor ex officio. [1]
4. The Commonwealth Plan of Adjustment was confirmed on January 18, 2022 and took effect March 15, 2022. It restructured $33 billion of liabilities and more than $55 billion of pension liabilities, and it cut total debt service by more than 60%, from $90.4 billion to $34.1 billion (Board figures). [2]
5. PREPA (the electric utility): on July 14, 2026, non-settling bondholders rejected the Board's $3 billion settlement offer of June 1, 2026. They assert a claim of about $12 billion. [3]
6. When the Board ends: only when it certifies that Puerto Rico has adequate access to credit markets and, for at least 4 consecutive fiscal years, balanced budgets under modified accrual accounting. [5]

How Puerto Rico got here

• Before PROMESA, according to the Board, Puerto Rico had "no legal way to restructure the liabilities or reduce debt payments," and its bonds had been issued by more than a dozen public entities. PROMESA's Title III created a court-supervised process that "follows roughly the U.S. bankruptcy law." [1]
• The Board's members are appointed by the President, not elected by the people of Puerto Rico. Its powers over budgets and fiscal plans have been tested in court, including Aurelius (2020), on how members are appointed. (See the Documents library.)

What's in Congress now (119th Congress)

Who decides

• House Committee on Natural Resources (and Judiciary, for H.R. 7833) in the House. [6]
• The U.S. District Court for the District of Puerto Rico confirms plans of adjustment under Title III. [3]

Frequently asked questions

• Is the debt crisis over? The central government's restructuring is complete. PREPA's isn't: as of July 2026, bondholders and the Board remain far apart. [2][3]
• When will the Board leave? Under current law, only after four consecutive balanced budgets and market access, as certified by the Board itself, unless Congress changes the law. [5]
• Would statehood change PROMESA? PROMESA applies to "covered territories". As a state, Puerto Rico's fiscal relationship would follow the rules that apply to states.

What you can do

1. Read the Board's annual reports and fiscal plans, which are public.
2. Ask your representative where they stand on H.R. 7833 and on a timeline for ending federal oversight.
3. Share this fact sheet.

Sources

1. Financial Oversight and Management Board for Puerto Rico, About Us / What is PROMESA? oversightboard.pr.gov/about-us
2. Financial Oversight and Management Board, Debt: Completed Debt Restructurings. oversightboard.pr.gov/debt
3. Financial Oversight and Management Board, Bondholder Group Rejects Offer To Resolve PREPA Bankruptcy, July 14, 2026. oversightboard.pr.gov/…/bondholder-group-rejects-offer-to-resolve-prepa-bankruptcy
4. 48 U.S.C. §2121(e) (PROMESA §101(e)). law.cornell.edu/uscode/text/48/2121
5. 48 U.S.C. §2149 (PROMESA §209, termination of the Board). law.cornell.edu/uscode/text/48/2149
6. H.R. 7833 (119th Congress), bill text and official bill status. govinfo.gov/content/pkg/BILLS-119hr7833ih/html/BILLS-119hr7833ih.htm

Key facts

1. April 16, 2025: the latest island-wide blackout, affecting all 1.4 million customers. A preliminary investigation traced it to "inadequate clearance between vegetation and line 50100," which cascaded through other system failures. [1]
2. May 16, 2025: DOE issued emergency orders under Section 202(c) of the Federal Power Act, one for generation and one for transmission, directing PREPA to clear vegetation and keep specified facilities available. The transmission order has been renewed five times. The latest, Order 202-25-2E, runs August 10 – November 7, 2026 and covers all of Puerto Rico's transmission and distribution lines. [1][4]
3. 1,110 miles of lines had been cleared of vegetation as of July 26, 2026. DOE says PREPA's agent didn't meet an earlier clearing target, citing environmental permitting, funding questions and inaccurate mapping. [4]
4. Up to 70% derating: according to DOE, some transmission lines operate at up to 70% below rated capacity to avoid failures, and about 40% of monitored locations showed voltage violations. [1]
5. $1 billion Puerto Rico Energy Resilience Fund, created by Public Law 117-328 (Consolidated Appropriations Act, 2023) for "activities to improve the resilience of the Puerto Rican electric grid, including grants for low and moderate income households and households that include individuals with disabilities for the purchase and installation of renewable energy, energy storage, and other grid technologies." [5] In 2025–2026, DOE canceled the private rooftop-solar projects under the fund and redirected $368.7 million to PREPA for ten grid-stabilization projects carried out by LUMA and Genera. [2][3]
6. On April 23, 2026, House Democrats led by Natural Resources Committee Ranking Member Jared Huffman, including Res. Comm. Pablo José Hernández, wrote to Energy Secretary Chris Wright citing "disregard for congressional intent" and requesting a briefing. [5]

How Puerto Rico got here

DOE's own order points to "decades of deferred maintenance, insufficient investment and the bankruptcy of the system owner and operator," plus Hurricanes Irma and Maria (2017), Fiona (2022) and the 2020 earthquakes. [1] PREPA's debt case under PROMESA is still unresolved; see Fact Sheet 08.

What's in Congress now (119th Congress)

Who decides

• U.S. Department of Energy: emergency orders and the Resilience Fund. [1][3]
• Congress: appropriates the fund and can direct how it's spent. The fund was created by Congress in 2023. [2]
• House Natural Resources Committee has the newest energy bill. [6]
• In Puerto Rico, the Puerto Rico Energy Bureau regulates the utility. [1]

Frequently asked questions

• Who runs the grid? PREPA owns the system. LUMA operates transmission and distribution, and Genera PR operates PREPA's thermal power plants under a 10-year contract awarded in January 2023. Both carry out the DOE-funded projects. [1][3][5]
• Is rooftop solar still funded? DOE says it canceled private rooftop-solar projects under the fund. Systems where work had begun before the decision could be completed. [3]
• Would statehood change this? Statehood wouldn't fix the grid by itself. Puerto Rico would gain voting members in the House and Senate who could shape federal energy funding. (Advocacy framing: see the position box.)

What you can do

1. Ask your representative to support public reporting on how the $368.7 million is spent.
2. Ask your senators about the April 2026 congressional letter and DOE's response.
3. Share this fact sheet.

Sources

1. U.S. Department of Energy, Order No. 202-25-2 (May 16, 2025). energy.gov/…/PREPA%20202%28c%29%20Emergency%20Measures%20Transmission.pdf
2. U.S. Department of Energy, Energy Department to Redirect $365 Million… (May 21, 2025). energy.gov/…/energy-department-redirect-365-million-support-grid-resilience-efforts-puerto-rico
3. U.S. Department of Energy, Puerto Rico Energy Resilience Fund Q&As. energy.gov/oe/puerto-rico-energy-resilience-fund-qas
4. U.S. Department of Energy, Order No. 202-25-2E (issued Aug. 7, 2026; effective Aug. 10 – Nov. 7, 2026). energy.gov/documents/doe-order-no-202-25-2e
5. Letter from members of Congress to Secretary Chris Wright, Apr. 23, 2026. juliabrownley.house.gov/wp-content/uploads/2026/08/Letter-JH-PR-ERF.pdf
6. H.R. 10275 (119th Congress), official bill status. govinfo.gov/bulkdata/BILLSTATUS/119/hr/BILLSTATUS-119hr10275.xml

Key facts

1. The rule: a vessel may not carry merchandise between U.S. points covered by the coastwise laws unless it is wholly owned by U.S. citizens and holds a coastwise endorsement. [1]
2. U.S.-built: a coastwise endorsement generally requires that the vessel was built in the United States. [2]
3. Where it applies: the coastwise laws cover "the island territories and possessions," except American Samoa, the Northern Mariana Islands (with a limited exception) and the U.S. Virgin Islands (until a presidential proclamation). Puerto Rico is covered. [3]
4. GAO (2013): most cargo between the mainland and Puerto Rico is carried by four Jones Act carriers with weekly service. Shippers reported that foreign carriers' rates are "often—although not always—lower," but GAO couldn't validate those examples with data. [4]
5. GAO's conclusion: "The effects of modifying the application of the Jones Act for Puerto Rico are highly uncertain." Trade-offs include more competition versus possible harm to service reliability and the U.S. merchant marine. [4]
6. Waivers are possible: after Hurricane Maria, DHS signed a 10-day waiver for Puerto Rico on September 28, 2017. [5]

What Congress has considered

No 119th Congress bill specifically on the Jones Act and Puerto Rico was found as of October 17, 2026.

Who decides

• House Transportation and Infrastructure Committee (Subcommittee on Coast Guard and Maritime Transportation) and Senate Commerce, Science, and Transportation Committee, based on past referrals. [6]
• DHS can grant waivers in specific circumstances. [5]

Frequently asked questions

• Does the Jones Act cover foreign imports to Puerto Rico? No. It covers shipping between U.S. points. Cargo from foreign ports travels on foreign-flag ships. [1][4]
• Is it proven that the Jones Act raises prices in Puerto Rico? GAO couldn't verify shippers' rate examples and found the effects of changing the law highly uncertain. Claims of a specific price effect should be treated with caution. [4]

What you can do

1. Read GAO-13-260 before repeating claims about the Jones Act.
2. Ask your representative to support updated, independent research on shipping costs to Puerto Rico.
3. Share this fact sheet.

Sources

1. 46 U.S.C. §55102 (transportation of merchandise). law.cornell.edu/uscode/text/46/55102
2. 46 U.S.C. §12112 (coastwise endorsement). law.cornell.edu/uscode/text/46/12112
3. 46 U.S.C. §55101 (application of coastwise laws). law.cornell.edu/uscode/text/46/55101
4. GAO, Puerto Rico: Characteristics of the Island's Maritime Trade and Potential Effects of Modifying the Jones Act (GAO-13-260, Mar. 14, 2013). gao.gov/products/gao-13-260
5. DHS, Waiver of Compliance with Navigation Laws (Sept. 28, 2017). dhs.gov/sites/default/files/publications/17_0928_AS1_Jones-Act-Waiver.pdf
6. Official bill status records: S. 1894 (115th), H.R. 3966 (115th), S. 4999 (117th). govinfo.gov/bulkdata/BILLSTATUS

Key facts

1. About 73,000 veterans in Puerto Rico on September 30, 2025, projected to fall to about 69,000 by September 30, 2026 (VA VetPop2023, rounded to the nearest 1,000 as VA advises). [1]
2. 64,118 veterans is the Census Bureau's survey-based estimate for 2020–2024. It's a different method, so the two figures don't match exactly. [4]
3. Public Law 113-120 (June 10, 2014) awarded a Congressional Gold Medal to the 65th Infantry Regiment, the Borinqueneers. [2]
4. TRICARE: Puerto Rico appears on TRICARE's list of "Latin America and Canada Remote Locations" for TRICARE Prime Remote Overseas, with cities from Aguadilla to San Juan. [3]
5. No Prime option for retirees: "Retirees and their family members can't enroll in TRICARE Prime Remote Overseas." They can use TRICARE Select Overseas instead. [7]
6. About 38,000 people in Puerto Rico rely on TRICARE, according to the Resident Commissioner's office, which says many "are forced to pay upfront for services and submit claims for reimbursement later." [8]
7. No presidential vote: veterans who live in Puerto Rico can't vote in the general election for the President who serves as commander in chief (see Fact Sheet 01). [5]

TRICARE equality: what H.R. 2632 would do

The TRICARE Equality Act was introduced on April 3, 2025 by Res. Comm. Pablo José Hernández and referred to the House Armed Services Committee. It has 6 cosponsors. As of October 18, 2026, it has had no committee action. [6] It would:

• Require the Secretary of Defense to designate TRICARE Prime areas in Puerto Rico "in a similar manner used to designate such areas in the several States." [6]
• Extend TRICARE travel and transportation allowances (10 U.S.C. §1074i) to people in Puerto Rico who would qualify except for their location. [6]
• Have the federal electronic health record office coordinate with Puerto Rico's Department of Health to exchange health information. [6]
• Require a progress report to the House and Senate Armed Services Committees within 180 days. [6]

Why it matters

Puerto Rico's veterans earn the same federal benefits through service. But where they live affects how some programs are delivered, and the island has no voting voice in Congress when those programs are written.

Who decides

• TRICARE (military health care): the House and Senate Armed Services Committees. H.R. 2632 was referred to House Armed Services. [6]
• VA benefits: the House and Senate Committees on Veterans' Affairs.

Frequently asked questions

• Do veterans in Puerto Rico get VA health care? Yes. VA operates facilities on the island. See NAPREC's Veterans and TRICARE page for local services.
• Why does TRICARE call Puerto Rico "overseas"? TRICARE groups Puerto Rico with its Latin America and Canada remote locations for plan purposes. It's a program classification, not a statement about citizenship. [3]
• Is TRICARE the same as VA care? No. VA serves veterans; TRICARE serves eligible service members, retirees and their families. Veteran status alone doesn't establish TRICARE eligibility.

What you can do: join the fight for TRICARE equality

1. Ask your representative to cosponsor H.R. 2632, the TRICARE Equality Act. Find and contact your members with NAPREC's Congress tool (www.naprec.org).
2. If your representative or senators serve on an Armed Services Committee, ask them to include TRICARE equality for Puerto Rico in the next National Defense Authorization Act.
3. Tell your story. If you or your family use TRICARE in Puerto Rico, tell your member of Congress what paying up front and filing claims has meant for you.
4. Join NAPREC's veterans advocacy at www.naprec.org, or write to info@naprec.org or call (407) 908-7151.
5. Find help now on NAPREC's Veterans and TRICARE page (www.naprec.org), and share the Borinqueneers' story with a school or veterans' group.

Sources

1. U.S. Department of Veterans Affairs, VetPop2023 State Data (data.va.gov). data.va.gov/dataset/VetPop2023-State-Data-6L/f43c-vb9n
2. H.R. 1726 (113th Congress) / Public Law 113-120, official bill status. govinfo.gov/bulkdata/BILLSTATUS/113/hr/BILLSTATUS-113hr1726.xml
3. TRICARE, Latin America and Canada Remote Locations (updated Apr. 30, 2025). tricare.mil/Plans/HealthPlans/TPRO/LAC
4. U.S. Census Bureau, QuickFacts: Puerto Rico; United States. census.gov/quickfacts/fact/table/PR,US/PST045225
5. U.S. Constitution, Art. II, Sec. 1; Amendment XXIII. constitution.congress.gov
6. H.R. 2632 (119th Congress), TRICARE Equality Act, official bill status and introduced text. govinfo.gov/bulkdata/BILLSTATUS/119/hr/BILLSTATUS-119hr2632.xml congress.gov/119/bills/hr2632/BILLS-119hr2632ih.htm
7. TRICARE, TRICARE Prime Remote Overseas. tricare.mil/Plans/HealthPlans/TPRO
8. Office of Resident Commissioner Pablo José Hernández, press release, Apr. 9, 2025. hernandez.house.gov/…/resident-commissioner-introduces-legislation-improve-veterans-tricare-benefits

Key facts

1. +3.0% real GDP growth in 2023, after −2.1% in 2022 (BEA). Exports rose 6.4%, led by pharmaceuticals and organic chemicals. [1]
2. BEA "will no longer produce Puerto Rico GDP statistics" after its 2023 release (September 16, 2025). [1]
3. $26,297 median household income in Puerto Rico vs. $80,734 in the United States (2020–2024, in 2024 dollars). Per capita income: $17,981 vs. $44,673. [2]
4. 3,184,835 residents in July 2025, down 17,686 in one year and 3.1% since April 2020. In that year there were 32,857 deaths and 17,950 births, and a net out-migration of 2,779. [3]
5. GAO (2024): federal statistical products "often contain gaps" for the territories. Of 21 Bureau of Labor Statistics products, Puerto Rico appears in only four. GAO recommended a coordinated federal approach; OMB "neither agreed nor disagreed." [4]
6. Public debt: $52.8 billion as of June 30, 2022, or 47% of GDP (GAO, 2025). [5]

Why it matters

Missing or delayed data affect how federal funds are allocated and how Puerto Rico's economy is understood. You can't close a gap you don't measure.

Who decides

• Office of Management and Budget (the Chief Statistician) and federal statistical agencies decide which surveys include the territories. [4]
• Congress can require coverage and fund it.

Frequently asked questions

• Is Puerto Rico's economy growing? It grew in 2023, the last year BEA measured. Population decline and income gaps remain. [1][2][3]
• Why don't more federal statistics include Puerto Rico? GAO points to cost, geography, technical challenges and agencies' authorizing laws. [4]

What you can do

1. Ask your representative to support restoring Puerto Rico GDP statistics and including Puerto Rico in federal surveys.
2. Cite official data when you discuss Puerto Rico's economy.
3. Share this fact sheet.

Sources

1. U.S. Bureau of Economic Analysis, Gross Domestic Product for Puerto Rico, 2023 (Sept. 16, 2025). bea.gov/news/2025/gross-domestic-product-puerto-rico-2023
2. U.S. Census Bureau, QuickFacts: Puerto Rico; United States (ACS 2020–2024). census.gov/quickfacts/fact/table/PR,US/PST045225
3. U.S. Census Bureau, Vintage 2025 population estimates. www2.census.gov/…/NST-EST2025-ALLDATA.csv
4. GAO, U.S. Territories: Coordinated Federal Approach Needed to Better Address Data Gaps (GAO-24-106574, May 9, 2024). gao.gov/products/gao-24-106574
5. GAO, U.S. Territories: Public Debt and Economic Outlook – 2025 Update (GAO-25-107560, June 30, 2025). gao.gov/products/gao-25-107560

Key facts

1. 67.9% of occupied homes in Puerto Rico are owner-occupied, compared with 65.2% nationally. [1]
2. Median home value: $131,500 in Puerto Rico vs $332,700 nationally. Median gross rent: $578 vs $1,413. Median household income: $26,297 vs $80,734. [1]
3. $20.2 billion from HUD: about $10 billion in disaster recovery funds (CDBG-DR) for Irma and Maria, $8.3 billion in mitigation funds (CDBG-MIT), $1.9 billion for the electric grid, and $221 million for the 2020 earthquakes, according to Puerto Rico's official recovery portal. [2]
4. $8,285,284,000 is the exact mitigation allocation. HUD's notice cites "the governance and financial management challenges" of the Puerto Rico government and requires extra detail in its action plan. [3]
5. A different federal rule: under the U.S. Housing Act, "extremely low-income" means income at or below the higher of the federal poverty guideline or 30% of area median income. The poverty-guideline test doesn't apply to public housing agencies in Puerto Rico, so only the 30%-of-area-median test counts there. [4] HHS doesn't publish poverty guidelines for Puerto Rico. [5]

What's in Congress now (119th Congress)

*Official count as of October 17, 2026. H.R. 1696 would apply the poverty guidelines for the 48 contiguous states and D.C. to Puerto Rico's public housing and would ask GAO for a report on how HUD connects low-income families in Puerto Rico with housing aid and uses disaster funds. Introducing a bill doesn't change current law.

Who decides

• HUD allocates and oversees the recovery funds. [2][3]
• Puerto Rico Department of Housing runs the recovery programs. [2]
• House Financial Services Committee has H.R. 1696. [6]

Frequently asked questions

• Has all the recovery money been spent? No. The portal reports funds as allocated and as committed under contracts and agreements, which isn't the same as spent. [2]
• Would statehood change the housing definition? Congress can change it either way. H.R. 1696 would change it without statehood. As a state, Puerto Rico would have voting members to press for changes like this one. (Advocacy framing.)

What you can do

1. Check the official recovery portal for your municipality's projects.
2. Ask your representative about H.R. 1696.
3. Share this fact sheet.

Sources

1. U.S. Census Bureau, QuickFacts: Puerto Rico; United States (ACS 2020–2024). census.gov/quickfacts/fact/table/PR,US/PST045225
2. Puerto Rico Department of Housing, CDBG-DR Transparency Portal, MRP Dashboard. recuperacion.pr.gov/…/mrp-dashboard-pbi
3. HUD, Allocations, Common Application, Waivers, and Alternative Requirements for CDBG Mitigation Grantees; Commonwealth of Puerto Rico Allocation, 85 FR 4676 (Jan. 27, 2020). federalregister.gov/documents/2020/01/27/2020-01334
4. 42 U.S.C. §1437a(b)(2)(C). law.cornell.edu/uscode/text/42/1437a
5. HHS, ASPE, Poverty Guidelines. aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines
6. H.R. 1696 (119th Congress), official bill status. govinfo.gov/bulkdata/BILLSTATUS/119/hr/BILLSTATUS-119hr1696.xml

Key facts

1. 240,910 students were enrolled in Puerto Rico public schools in fall 2023, down from 644,734 in fall 1990 and 423,934 in fall 2013, a 43% drop in ten years. [1]
2. Title I formula for states: each state's factor is 40% of its own average per-pupil spending, but no less than 32% and no more than 48% of the national average. [2]
3. Title I formula for Puerto Rico: Puerto Rico's factor is 32% of the national average, multiplied by Puerto Rico's spending as a percentage of the lowest-spending state (at least 100% since fiscal year 2007). A hold-harmless rule can limit increases if a state would otherwise receive less. [2]
4. Educational attainment (adults 25+): 81.2% have a high school diploma vs 89.6% nationally; 29.8% have a bachelor's degree or higher vs 35.7%. [3]
5. 95.5% of Puerto Rico residents age 5 and older speak a language other than English at home, vs 22.3% nationally. [3]

What's in Congress now (119th Congress)

No 119th Congress bill specifically on Puerto Rico's Title I formula was found as of October 17, 2026.

Who decides

• U.S. Department of Education administers Title I. [2]
• Congress sets the formula in law (20 U.S.C. §6333). [2]

Frequently asked questions

• Does Puerto Rico get Title I funds? Yes, under its own formula in the same section of law. [2]
• Why has enrollment fallen? NCES reports the counts but not the causes. Population loss is covered in Fact Sheet 12. [1]

What you can do

1. Ask your representative whether they would support equal Title I treatment for Puerto Rico.
2. Share this fact sheet.

Sources

1. NCES, Digest of Education Statistics 2024, Table 203.20. nces.ed.gov/programs/digest/d24/tables/dt24_203.20.asp
2. 20 U.S.C. §6333(a)(1)(B) and (a)(4). law.cornell.edu/uscode/text/20/6333
3. U.S. Census Bureau, QuickFacts: Puerto Rico; United States (ACS 2020–2024). census.gov/quickfacts/fact/table/PR,US/PST045225

Key facts

1. Federal law applies: the U.S. Court of Appeals for the First Circuit has recognized that the Clean Water Act applies to Puerto Rico. [3]
2. September 15, 2015: the Justice Department and EPA announced a Clean Water Act settlement with PRASA. PRASA estimated it would spend about $1.5 billion on the required measures. [1]
3. What the settlement requires includes sludge treatment systems at new water treatment plants, flow meters at all water treatment plants, an operation and maintenance program for the Puerto Nuevo sewer system, a spill response plan, and, once nearby improvements are finished, sanitary sewers for communities near the Martín Peña Canal. [1]
4. No civil penalty: the United States waived it "due to documented financial hardship" facing PRASA and the Puerto Rico government. [1]
5. H.R. 7397 would require the Corps of Engineers to report within 180 days on the condition of Puerto Rico's water infrastructure, delays in projects authorized under Section 219 of the Water Resources Development Act of 1992, and resilience needs. [2]

What's in Congress now (119th Congress)

*Official count as of October 17, 2026. Introducing a bill doesn't change current law.

Who decides

• EPA and the Justice Department enforce federal water law. [1]
• U.S. District Court for the District of Puerto Rico oversees the settlement. [1]
• House Transportation and Infrastructure Committee has H.R. 7397. [2]

Frequently asked questions

• Is my tap water safe? This sheet doesn't assess water quality at any address. Check PRASA notices and the Puerto Rico Department of Health.
• Did PRASA admit the violations? The EPA settlement page doesn't describe an admission. NAPREC doesn't characterize it beyond the page.

What you can do

1. Ask your representative about H.R. 7397.
2. Share this fact sheet.

Sources

1. EPA, Puerto Rico Aqueduct and Sewer Authority et al. Clean Water Act Settlement (announced Sept. 15, 2015), archived EPA page. 19january2021snapshot.epa.gov/…/puerto-rico-aqueduct-and-sewer-authority-et-al-clean-water-act-settlement_.html
2. H.R. 7397 (119th Congress), official bill status and introduced text. govinfo.gov/bulkdata/BILLSTATUS/119/hr/BILLSTATUS-119hr7397.xml
3. United States v. Acosta-Martínez, No. 00-2088 (1st Cir. June 5, 2001), citing United States v. Rivera Torres, 826 F.2d 151 (1st Cir. 1987). ca1.uscourts.gov/sites/ca1/files/opnfiles/00-2088-01A.pdf

Key facts

1. 7,602 farms in 2022, down 8% from 2018 and down from 17,659 in 2002. [1]
2. $703.3 million in agricultural sales in 2022, up 45% from 2018. Crops and livestock each made up 50%. [1]
3. Largest products by sales: dairy, $173.0 million (315 farms); poultry and poultry products, $111.2 million; grains and field crops, $74.0 million; plantains, $56.3 million. Coffee brought in $18.2 million on 2,449 farms. [1]
4. An aging workforce: the average principal operator is 60.3 years old, and 3,173 of 7,602 are 65 or older. [1]
5. 53% of farms have internet access. Government payments to farms totaled $23.2 million, down 73% from 2018. [1]

What's in Congress now (119th Congress)

Nutrition bills that would move Puerto Rico from NAP to SNAP (H.R. 5168 and S. 3958) sit with the House and Senate Agriculture Committees. See Fact Sheet 04. No 119th Congress bill specifically on Puerto Rico's farm sector was found as of October 17, 2026.

Who decides

• USDA runs farm programs and the Census of Agriculture. [1]
• House Committee on Agriculture and Senate Committee on Agriculture, Nutrition, and Forestry (see Fact Sheet 04 for current referrals).

Frequently asked questions

• How often is this counted? Every five years. The 2022 census covered places that produced and sold, or normally would have sold, $500 or more in agricultural products in 2022. [1]
• What are "cuerdas"? The local unit of land area. Puerto Rico farms covered 494,481 cuerdas in 2022. [1]

What you can do

1. Read USDA's Puerto Rico island profile.
2. Share this fact sheet.

Sources

1. USDA National Agricultural Statistics Service, 2022 Census of Agriculture, Island Profile: Puerto Rico. nass.usda.gov/…/Island_Summary.pdf

Key facts

1. Ten major disaster declarations since 2017, including Hurricane Irma (Sept 10, 2017), Hurricane Maria (Sept 20, 2017), the earthquakes (Jan 16, 2020), Hurricane Fiona (Sept 21, 2022) and Tropical Storm Ernesto (Nov 27, 2024). [1]
2. GAO (2021): as of January 15, 2021, FEMA had obligated $23.8 billion in Public Assistance to Puerto Rico ($23.5 billion for the 2017 hurricanes) but had spent only $158 million on long-term rebuilding projects. [2]
3. GAO (2026): FEMA, HUD and DOE have obligated about $14 billion for grid recovery since 2017. Of FEMA's $11.1 billion, about $2.7 billion has been disbursed. [3]
4. Limited progress: as of February 2026, nine large FEMA-funded projects were complete, and about 400 of a planned 16,000 miles of lines had been cleared of vegetation with federal funds. [3]
5. GAO's five recommendations (three to FEMA, two to DOE) call for faster environmental reviews and a formal coordination mechanism among federal and Puerto Rico agencies. [3]
6. HUD separately allocated $20.2 billion in recovery and mitigation funds (see Fact Sheet 13). [4]

What's in Congress now (119th Congress)

*Official count as of October 17, 2026. H.R. 7829 would bar DHS from any policy imposing "an arbitrary monetary threshold" on obligating or disbursing FEMA disaster funds. It applies nationwide. Introducing a bill doesn't change current law.

Who decides

• FEMA (within DHS), HUD and DOE obligate and disburse the funds. [3]
• House Transportation and Infrastructure Committee has H.R. 7829. [5]

Frequently asked questions

• Is "obligated" the same as "spent"? No. Obligated means committed to a project. Disbursed means paid out. [3]
• Did DOE change how its grid money is used? GAO reports DOE reallotted or canceled about $715 million originally meant for community and low-income solar projects. See Fact Sheet 09. [3]

What you can do

1. Read GAO-26-107772.
2. Ask your representative about H.R. 7829.
3. Share this fact sheet.

Sources

1. FEMA, OpenFEMA Disaster Declarations Summaries (Puerto Rico, major disasters, 2017–present). fema.gov/api/open/v2/DisasterDeclarationsSummaries
2. GAO, Puerto Rico Recovery: FEMA Made Progress in Approving Projects, But Should Identify and Assess Risks to the Recovery (GAO-21-264, May 2021). gao.gov/products/gao-21-264
3. GAO, Puerto Rico Grid Recovery: Limited Progress Toward Stability and Opportunities Exist to Improve Federal Assistance (GAO-26-107772, published June 2, 2026; released July 2, 2026). gao.gov/products/gao-26-107772
4. Puerto Rico Department of Housing, CDBG-DR Transparency Portal. recuperacion.pr.gov/…/mrp-dashboard-pbi
5. H.R. 7829 (119th Congress), official bill status and introduced text. govinfo.gov/bulkdata/BILLSTATUS/119/hr/BILLSTATUS-119hr7829.xml

Key facts

1. 50,332 employer establishments operated in Puerto Rico in 2023. [1]
2. Section 936: the Small Business Job Protection Act of 1996 ended the Puerto Rico and possession tax credit for taxable years beginning after December 31, 1995, with transition rules for existing claimants ending with the last taxable year beginning before January 1, 2006. [2]
3. Opportunity Zones: since December 22, 2017, every low-income census tract in Puerto Rico has been deemed a qualified opportunity zone. [3]
4. Repeal: Public Law 119-21 (July 4, 2025), §70421(a)(3), strikes that special rule for Puerto Rico, effective December 31, 2026. The same section makes Opportunity Zones permanent nationwide, with a new round of designations every ten years based on a July 1, 2026 determination date. [4]
5. H.R. 1328 would create a 40% investment tax credit for critical supply-chain facilities, such as those making drugs, active pharmaceutical ingredients, diagnostic devices or semiconductors, located in Puerto Rico or other U.S. possessions. [5]

What's in Congress now (119th Congress)

*Official count as of October 17, 2026. Introducing a bill doesn't change current law.

Who decides

• Congress writes federal tax law; House Ways and Means has H.R. 1328. [5]
• The IRS and the Treasury Department administer Opportunity Zones. [3]

Frequently asked questions

• Do existing Puerto Rico Opportunity Zone investments end on December 31, 2026? The law repeals the special designation rule on that date. How it affects specific existing investments is a tax question for a qualified advisor. NAPREC doesn't give tax advice. [4]
• Is Act 60 a federal law? No. It's a Puerto Rico law and isn't covered here.

What you can do

1. If you own a business, ask a qualified tax advisor about the December 31, 2026 change.
2. Ask your representative about H.R. 1328.
3. Share this fact sheet.

Sources

1. U.S. Census Bureau, QuickFacts: Puerto Rico (County Business Patterns, 2023). census.gov/quickfacts/fact/table/PR,US/PST045225
2. Public Law 104-188, §1601 (Aug. 20, 1996), 110 Stat. 1827. govinfo.gov/content/pkg/PLAW-104publ188/html/PLAW-104publ188.htm
3. 26 U.S.C. §1400Z-1(b)(3). law.cornell.edu/uscode/text/26/1400Z-1
4. Public Law 119-21, §70421(a)(3) and (a)(5)(B) (July 4, 2025), 139 Stat. 223–224. govinfo.gov/content/pkg/PLAW-119publ21/html/PLAW-119publ21.htm
5. H.R. 1328 (119th Congress), official bill status and introduced text. govinfo.gov/bulkdata/BILLSTATUS/119/hr/BILLSTATUS-119hr1328.xml

Key facts

1. "The death penalty shall not exist." That's Article II, Section 7 of the Constitution of Puerto Rico, which governs Puerto Rico's own courts. [1]
2. Federal cases are different: in 2001, the U.S. Court of Appeals for the First Circuit held that the federal death penalty applies to federal defendants in Puerto Rico "just as it applies to such defendants in the various states." [1]
3. Representation was argued and rejected: the district court had reasoned that residents who can't vote for President or elect voting members of Congress weren't represented in that decision. The appeals court answered: "The argument made by defendants and amici is a political one, not a legal one." [1]
4. Federal juries: a person is not qualified to serve on a federal jury if they are unable to speak English or to read, write and understand it well enough to fill out the qualification form. This rule applies nationwide. [2] In Puerto Rico, 95.5% of residents age 5 and older speak a language other than English at home. [3]
5. Police reform: United States v. Commonwealth of Puerto Rico (No. 3:12-cv-02039) was filed on December 21, 2012. The court-appointed monitor filed the Thirteenth Report on December 15, 2025, and the court continues to issue orders under the reform agreement, most recently on August 21, 2026. [4]

What's in Congress now (119th Congress)

No 119th Congress bill specifically on these Puerto Rico justice issues was found as of October 17, 2026.

Who decides

• Congress sets federal crimes, penalties and juror qualifications. [1][2]
• U.S. District Court for the District of Puerto Rico oversees the police reform agreement. [4]
• U.S. Department of Justice decides whether to seek the death penalty in federal cases. [1]

Frequently asked questions

• Can Puerto Rico courts impose the death penalty? No. The ban governs the Commonwealth's courts. [1]
• Would statehood change the federal death penalty in Puerto Rico? No. It applies in federal cases in the states too. Statehood would give Puerto Rico voting members in the Congress that writes these laws. (Advocacy framing.)

What you can do

1. Read the First Circuit's opinion in Acosta-Martínez.
2. Share this fact sheet.

Sources

1. United States v. Acosta-Martínez, No. 00-2088 (1st Cir. June 5, 2001), 252 F.3d 13. ca1.uscourts.gov/sites/ca1/files/opnfiles/00-2088-01A.pdf
2. 28 U.S.C. §1865(b)(2)–(3). law.cornell.edu/uscode/text/28/1865
3. U.S. Census Bureau, QuickFacts: Puerto Rico (ACS 2020–2024). census.gov/quickfacts/fact/table/PR,US/PST045225
4. United States v. Commonwealth of Puerto Rico, No. 3:12-cv-02039 (D.P.R.), docket (CourtListener/RECAP), entries 3000 (Dec. 15, 2025) and 3203 (Aug. 21, 2026). courtlistener.com/docket/6513308/united-states-v-commonwealth-of-puerto-rico

Key facts

1. 80.6% of Puerto Rico households have a broadband internet subscription, vs 91.0% nationally. 85.0% have a computer, vs 95.5%. [1]
2. Uniendo a Puerto Rico Fund (FCC): Stage 1 provided about $51.2 million to carriers. Stage 2 budgeted $504.7 million for fixed networks over 10 years and $254.4 million for mobile networks over three years. [2]
3. Stage 2 awards: $127.1 million in fixed support to two carriers and $233.9 million in mobile support to three carriers. [2]
4. BEAD (NTIA): Puerto Rico's allocation is $334,614,151.70. Formal notice of the allocation was sent on June 30, 2023. [3]
5. Final proposal approved: on February 9, 2026, NTIA listed Puerto Rico among the jurisdictions whose BEAD final proposals had been approved in recent weeks. [4]
6. Farms: only 53% of Puerto Rico farms have internet access (see Fact Sheet 16). [5]

What's in Congress now (119th Congress)

No 119th Congress bill specifically on broadband in Puerto Rico was found as of October 17, 2026.

Who decides

• FCC runs the Uniendo a Puerto Rico Fund, administered by USAC. [2]
• NTIA (U.S. Department of Commerce) runs BEAD. [3][4]

Frequently asked questions

• Does BEAD money go directly to households? No. It's spent under an approved state or territory plan. [3]
• Where can I see who is building in my area? Check the FCC and USAC fund pages and NTIA's BEAD pages.

What you can do

1. Ask your representative to support public reporting on Puerto Rico's BEAD projects.
2. Share this fact sheet.

Sources

1. U.S. Census Bureau, QuickFacts: Puerto Rico; United States (ACS 2020–2024). census.gov/quickfacts/fact/table/PR,US/PST045225
2. USAC, Bringing Puerto Rico Together (Uniendo a Puerto Rico) Fund and the Connect USVI Fund. usac.org/…/bringing-puerto-rico-together-uniendo-a-puerto-rico-fund-and-the-connect-usvi-fund
3. NTIA, State allocations for the $42.45 billion BEAD program. broadbandusa.ntia.gov/…/biden-harris-administration-announces-state-allocations-4245-billion-high-speed
4. NTIA, Assistant Secretary Arielle Roth Announces 50 BEAD Final Proposals Approved (Feb. 9, 2026). ntia.gov/…/assistant-secretary-arielle-roth-announces-50-bead-final-proposals-approved
5. USDA NASS, 2022 Census of Agriculture, Island Profile: Puerto Rico. nass.usda.gov/…/Island_Summary.pdf