; and (B) immediately on the payment of the fees; (2) any appropriations made by Congress to pay the share of the cost of the program established under this Act attributable to defense wastes; and (3) interest paid on the unexpended balance of the Working Capital Fund. (c) Availability All funds deposited in the Working Capital Fund— (1) shall be immediately available to the Administrator to carry out the functions of the Administrator, except to the extent limited in annual authorization or appropriation Acts; (2) shall remain available until expended; and (3) shall not be subject to apportionment under subchapter II of chapter 15 of title 31, United States Code. (d) Use of Fund Except to the extent limited in annual authorization or appropriation Acts, the Administrator may make expenditures from the Working Capital Fund only for purposes of carrying out functions authorized by this Act. (e) Contract authority Any contract or agreement that authorizes an expenditure or obligation exceeding an amount available in the Working Capital Fund for the expenditure or obligation (including any cooperative agreement, consultation, and cooperation agreement, or consent agreement under section 305 or 306) shall be subject to appropriation. (f) Performance-Based funding No fees paid by contract holders pursuant to section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) ) shall be paid into the Working Capital Fund after December 31, 2029, unless the Administrator is operating a nuclear waste facility by that date. 402. Nuclear Waste Fund (a) Elimination of legislative veto Section 302(a)(4) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a)(4) ) is amended— (1) in the third sentence, by striking insure and inserting ensure