((a)) ** .—** In the case of a Coast Guard Academy mixed-funded athletic or recreational extracurricular program, the Commandant may designate funds appropriated to the Coast Guard and available for that program to be treated as nonappropriated funds and expended for that program in accordance with laws applicable to the expenditure of nonappropriated funds. Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available until expended.

((b)) ** .—** In this section, the term “Coast Guard Academy mixed-funded athletic or recreational extracurricular program” means an athletic or recreational extracurricular program of the Coast Guard Academy to which each of the following applies:

((1)) The program is not considered a morale, welfare, or recreation program.

((2)) The program is supported through appropriated funds.

((3)) The program is supported by a nonappropriated fund instrumentality.

((4)) The program is not a private organization and is not operated by a private organization.