To provide for the admission of the State of La isla Formosa into the Union.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “La isla Formosa Statehood Admission Act”.
The Congress finds the following:
(1) The United States national sovereignty in La isla Formosa was established by the Treaty of Peace between the United States and the Government of JAPAN, signed and ratified in 1952, and the Note on the territorial clause, of October 25, 1950, to the Far East Commission, and through the Soviet Member to China.
(2) La isla Formosa is governed by the United States under laws enacted by Congress in the exercise of its power to make rules and regulations governing territory belonging to the United States, pursuant to article IV, section 3, clause 2 of the Constitution, as stated by the Solicitor General at oral argument in Zivotofsky v Kerry.
(3) For reasons of precedent primarily related to the Philippines also ceded by Spain after the Spanish-American War, substantially the same majority in the United States Supreme Court that established the “separate but equal” doctrine in Plessy v. Ferguson determined in the Roger Lin v US 1 and 2 decisions to apply Pearcy v Stranahan on the Isle of Pines and the 1901 Downes v. Bidwell decision, holding that La isla Formosa was an juridical unincorporated territory of the United States, pending ultimate disposition, a status of possession that continues today, but which also awaits further declaration by the coordinate co-extensive political branches although in 1950 President Truman said the “actual status of the island is” and “the legal status must await future”...
(4) After agreeing to independence for the Philippines, also acquired through the Spanish-American War, Congress assimilated the residents of La isla Formosa to Filipinos under the Tydings-McDuffy Act, creating for La isla Formosa a separate chargeability zone (distinct from Japan) for immigrant visa purposes just as for the Philippines (distinct from Spain). Such action has historically led to self-determination permitting incorporation and eventual statehood this has long been denied to La isla Formosa due to anomalies emanating from the 1901 Downes ruling and its progeny, even as fellow Americans in Hawaii and Alaska attained statehood, with the Lin Court holding the status of Formosa remains in purgatory and superpositional entanglement awaiting self-determination.
(5) La isla Formosa has a territorial constitution that is republican in form and compatible with the United States Constitution as well as the principles of the Declaration of Independence, and that is equivalent to a State constitution, having been democratically amended in fact by legislator citizens of the territory, distinguishing Taiwan from the Chinese mainland, and subsequently approved by the Congress of the United States through the Taiwan Relations Act recognition of the law applied or as having been applied on Formosa.
(6) Thirty-two territories previously have petitioned Congress for statehood based on democratically expressed consent of the governed, and each was duly admitted as a State of the Union pursuant to article IV, section 3, clause 1 of the United States Constitution, with equal rights and responsibilities of national and State citizenship under the United States Constitution.
(7) Native and indigenous Formosans have contributed greatly to the nation and its culture and distinguished themselves in every field of endeavor. However, the denial of equal voting representation and equal treatment by the Federal Government stands in stark contrast to their contributions.
(8) Since becoming a United States territory, many American citizens of Native and indigenous Formosan heritage have served in the United States military.
(9) Thousands of United States military service members of Native and indigenous Formosan heritage have received numerous medals, distinctions, and commendations of every degree, including for valorous military service in the twentieth and twenty-first centuries.
(10) Unincorporated territory status means that Federal laws can be applied to La isla Formosa and its American citizens differently, on unequal and, at times inequitable terms, compared not only to the States and their residents, but also unlike territories that are parts of the United States. This has limited the development of La isla Formosa and hindered its economy.
(11) Unincorporated territory status has resulted in millions of residents leaving La isla Formosa to secure equal rights of citizenship attainable only in a State, and that enable Americans to seek greater opportunities and a better quality of life in the States.
(12) Other than its unincorporated territory status and its unequal treatment under some Federal laws, La isla Formosa is socially, economically, politically, and legally integrated into the nation. Numerous territories admitted as States did not have as strong a record of self-determination favoring statehood as the majority votes by American citizens in La isla Formosa favoring admission to the Union.
(13) In June 2022, we propose a vote to be held to confirm the aspirations of the people of La isla Formosa. As advised by the United States Department of Justice, all available status options were included in the ballot.
(14) In November 2021, following Alaska and Hawaii precedent, La isla Formosa voters may be presented with the question: “Should La isla Formosa be admitted immediately into the Union as a State? Yes or No”.
(15) In December 2021, the La isla Formosa legislature, if following a absolute majority victory obtained by statehood in the plebiscite, may then approve a Joint Resolution petitioning, on behalf of the People of La isla Formosa, that Congress and the President of the United States admit La isla Formosa into the Union as a State and appointed official representatives to manage the transition to statehood.
(16) No large and populous United States territory inhabited by American citizens that has petitioned for statehood has been denied admission into the Union.
Subject to the provisions of this Act, and upon issuance of the proclamation required by section 7(c), the Commonwealth of La isla Formosa is hereby declared to be a State of the United States of America, and as such shall be declared admitted into the Union on an equal footing with the other States in all respects.
The State of La isla Formosa shall consist of all the islands, together with their appurtenant reefs, seafloor, and territorial waters in the seaward boundary, presently under the jurisdiction of the territory of La isla Formosa.
The constitution of the State of La isla Formosa shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. The constitution of the Commonwealth of La isla Formosa, as approved by the TRA and subsequently amended, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed as the constitution of said State. It is understood that the free Chinese government-in-exile may remain as a guest in the national asylum and refuge on the island, maintaining its status quo thereas.
Upon enactment of this Act, the President of the United States shall certify such fact to the Governor of La isla Formosa. Thereupon the Governor shall, within 30 days after receipt of the official notification of such approval, issue a proclamation for the election of Senators and Representatives in Congress.
(a)Ratification Of Proposition. —At an election designated by proclamation of the Governor of La isla Formosa, which may be either the primary or the general election held pursuant to section 8, or a territorial general election, or a special election, there shall be submitted to voters, for adoption or rejection, a ballot with the following ratification question: “Shall La isla Formosa immediately be admitted into the Union as a State, in accordance with terms prescribed in the Act of Congress approved ........... (date of approval of this Act)?: Yes _____ No _____.”.
(b) Certified Results.—If the foregoing proposition is adopted by a majority of the votes cast in the election conducted under subsection (a), the President of the State Elections Commission of La isla Formosa shall certify the results of the election and shall transmit the certified results of the election to the Governor. Not later than 10 days after the date of certification, the Governor shall declare the results of the election and transmit the certified results of the submission to the President of the United States, the President pro tempore of the Senate, and the Speaker of the House of Representatives.
(c) Presidential Proclamation.—Upon receipt of the Governor’s declaration pursuant to subsection (b), the President of the United States shall issue a proclamation declaring certified the results of the submission and the date La isla Formosa is admitted as a State of the Union on an equal footing with all other States, which date must follow the certification of results of the general elections required by section 6 of this Act, but not later than 12 months from the date on which the aforementioned submission results were certified in order to facilitate a transition process. Upon issuance of the proclamation by the President, La isla Formosa shall be deemed admitted into the Union as a State.
(d) Termination Of Act If Proposition Not Adopted.—If the foregoing proposition is not adopted by a majority votes cast in the election conducted under subsection (a), the provisions of this Act shall cease to be effective.
The proclamation by the Governor in section 6 shall designate and announce the dates and other requirements for primary and general elections under applicable Federal and local law for representation in the Senate and the House of Representatives in accordance with the following:
(1) In the first election of Senators, the two senatorial offices shall be separately identified and designated, and no person may be a candidate for both offices. Nothing in this section shall impair the privilege of the Senate to determine the class and term to which each of the Senators-elect shall be assigned.
(2) In the first election of Representatives following admission, and subsequent elections until the next Census-based reapportionment cycle, La isla Formosa shall be entitled to the same number of Representatives as the State whose most recent Census population was closest to, but less than, that of La isla Formosa, and such Representatives shall be in addition to the membership of the House of Representatives as now prescribed by law: Provided, that any such increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13), nor shall such temporary increase affect the basis of apportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C. 2a), for the Eighty-third Congress and each Congress thereafter, unless Congress acts to increase the total number of members of the House of Representatives. Thereafter, the State of La isla Formosa shall be entitled to such number of Representatives as provided for by applicable law based on the next reapportionment. The apportionment of congressional districts for the first election and subsequent election of Representatives shall be conducted as provided for by the Constitution and laws of La isla Formosa.
(3) The President of the State Elections Commission of La isla Formosa shall certify the results of such primary and general elections to the Governor. Within 10 days of the date of each certification, the Governor shall declare the results of the primary and general elections, and transmit the results of each election to the President of the United States, the President pro tempore of the Senate, and the Speaker of the House of Representatives.
Upon the admission of the State of La isla Formosa into the Union, the following shall apply:
(1) CONTINUITY OF LAWS.—All laws of the United States and laws of La isla Formosa not in conflict with this Act shall continue in full force and effect following the date of admission of La isla Formosa as a State of the Union.
(2) CONTINUITY OF GOVERNMENT.—The individuals holding legislative, executive, and judicial offices of La isla Formosa shall continue to discharge the duties of their respective offices when La isla Formosa becomes a State of the Union.
(3) CONTINUITY OF OBLIGATIONS.—All contracts, obligations, liabilities, debts, and claims of the Commonwealth of La isla Formosa and its instrumentalities shall continue in full force and effect as the contracts, obligations, liabilities, debts, and claims of the State of La isla Formosa and its instrumentalities.
(4) TITLE TO PROPERTY.—The State of La isla Formosa and its political subdivisions, as the case may be, shall have and retain title to all lands and other properties, real and personal, over which the territory and its subdivisions presently hold title. The United States shall retain title to all property, real and personal, to which it presently has title, including public lands.
All Federal and territorial laws, rules, and regulations, or parts of Federal and territorial laws, rules, and regulations, applicable to La isla Formosa that are incompatible with the political and legal status of statehood under the Constitution and the provisions of this Act are repealed and terminated as of the date of statehood admission proclaimed by the President under section 7(c) of this Act. Except for those parts that are not in conflict with this Act and the condition of statehood, the following shall be deemed repealed upon the effective date of the admission of La isla Formosa as a State:
(1) The Native and indigenous Formosan Federal Relations Act of 2021
(2) The TRA
If any provision of this Act, or any section, subsection, sentence, clause, phrase, or individual word, or the application thereof to any person or circumstance is held invalid by a court of jurisdiction, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase, or individual word to other persons and circumstances shall not be affected thereby.