Is a final rule not submitted to Congress under P.L. 104-121 enforceable?

From Joe Hodnicki at our sibling Law Librarian Blog: "Are Agency Final Rules Not Submitted to Congress for Possible Disapproval Under the Congressional Review Act Enforceable?"

Signed into law in March of 1996, The Congressional Review Act, Title II of P.L. 104-121, was an attempt to reestablish a measure of congressional authority over rulemaking by establishing expedited procedures by which Congress may disapprove agencies’ final rules by enacting a joint resolution of disapproval. As a first step, the CRA generally requires federal agencies to submit final rules to Congress and GAO before they can take effect. In "Congressional Review Act: Rules Not Submitted to GAO and Congress", the Congressional Research Service reports:

Between 1999 and 2009, GAO sent the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget at least five letters listing more than 1,000 substantive final rules that GAO said it had not received. ... The most recent of these letters was sent to OIRA in May 2009, and listed 101 substantive rules that were published during FY2008 that GAO said had not been submitted. ... As of October 26, 2009, 99 of the 101 rules had still not been submitted to GAO and to both houses of Congress.

The CRS report discusses the CRA rule submission requirement, its legislative history and current legislation related to this issue ...

One question: has anyone made the argument that a final rule not submitted to Congress under CRA is not legally binding? [JH]

Interesting question. EMM