Authority: Discretionary Inclusion.

A.1. Personnel associated with performance of activities designated by the State Council of Higher Education to be uniquely military shall be excluded from the calculation of employment guidelines.

2. The State Council of Higher Education shall submit to the Director of the Department of Planning and Budget by July 1 of each year an estimate of the general and nongeneral funds necessary to support unique military activities.

3. It is the intent of the General Assembly that nonresident cadets receive the same general fund support in the Unique Military program as resident cadets.

B. It is the intent of the General Assembly that the Virginia Corps of Cadets shall be established as defined in a court approved contract between the Commonwealth and Mary Baldwin College in United States vs. Commonwealth, 976 F.2d 890 (1992). It is also the intent of the General Assembly that the Unique Military Appropriation for the Virginia Military Institute be distributed among cadets of the Virginia Corps of Cadets at Mary Baldwin College as defined in a plan based on such contract and approved by the Secretary of Education.

C. This appropriation includes $190,000 the first year and $285,000 the second year from the general fund for cadets of the Virginia Corps of Cadets located at Mary Baldwin College on the basis of $1,900 per cadet. No allotment will be made until Mary Baldwin College certifies the number of cadets to the Secretary of Education. Funding will be transferred from this appropriation to Mary Baldwin College. Any funds remaining after the transfer will revert to the general fund.