"One of the first lessons in law shool is to seek the "unstated rationale." The system is manipulable and manipulated by powerful players."
Look, I suppose there is an "unstated rationale" in just about any facet of the law. From a strict constructionist perspective, however, there is little reason to look for a so-called "unseen hand" in the legal realm. Text is everything.
If the members of Congress had written this bill with sharper pencils, there would be a different outcome. The bottom line is that the legislation was a compromise. There were not enough votes to pass a bill...that actually had teeth.
It would not have passed. Don't blame the House. They tried. Do blame the Senate full of pathetic RINOS, more than enough when combined with all the Democrats who march in lock step on nearly everything to thwart anything of value.