Lets wait and see if this was really a non-issue that grew legs.
There were all sorts of attempts to derail the omnibus bill, and this may have been a syntax or error of some kind, and not anything as ridiculous as it sounds.
They get into these language arguments all the time and in a bill this big there must be dozens.
I cannot imagine why someone would blatantly require this type of authority and it may have been taken out of context for effect.
The fact is, that putting this in the bill for any reason does not make it legal.
Someone posted the text of the offending paragraph last evening (I didn't keep the link to that FR thread). It didn't read as so 'innocent' or 'typo' level of error (IIRC).