Congress has not appropriated additional money for evaluation of the application, Mr. Jaczko has repeatedly said.
The cost of providing services to immigrants is mostly covered by user fees, not appropriated funds.
Payments on the national debt are not appropriated by Congress like funds for after-school programs or adult technology centers.
He said that until this year Congress had not appropriated enough money to replace auditors lost to normal attrition.
But Congressional salaries themselves, the Hill reported, are completely exempt — since they are not appropriated by Congress or included in presidential budgets.
It is unconstitutional for the executive branch to spend one dime on a program for which Congress has not appropriated funds.
Congress wants all checked bags screened for explosives but has not appropriated the $2 billion that officials say bomb-detection machines will cost.
Mr. Quinn, a Democrat, refused to pay for raises for about 40,000 employees beginning in July 2011 under a contract negotiated by his predecessor, arguing that the Legislature had not appropriated enough money.
"Isn't the writing on the wall?" asked one of the three judges, Brett M. Kavanaugh, noting that while Congress has not changed the law, it has not appropriated the money needed to create the repository.
Head Start programs are cutting back; the White House furloughed 480 people; but Congressional salaries will remain intact, because they're not appropriated by Congress or included in presidential budgets.
The suit contends that the Jets' financial plan is inadequate, that the state has not appropriated $300 million for its share of the project and that the Bloomberg administration is blocked from diverting funds for its share.
