The impending 2023 spending bill could contain a legislative solution that satisfies the constitutional problems with the Horseracing Integrity and Safety Act (HISA), according to a report from Reuters.

Sen. Mitch McConnell, a Kentucky Republican, wants to bolster the Federal Trade Commision’s (FTC) oversight of HISA, a source told Reuters. The source wished to unidentified to speak freely about the negotiations. McConnell’s office did not immediately respond to a request for comment from Reuters.

The Horseracing Integrity and Safety Act was ruled unconstitutional by the United States Fifth Circuit Court of Appeals in mid-November because it delegates legislative authority to a private organization and individuals.

The Horseracing Integrity and Safety Authority is responsible for implementing anti-doping and racetrack safety protocols, regulations and penalties. The U.S. Anti-Doping Agency (USADA), a private organization, is enforcing the drug control program. The law, which was passed as part of the Dec. 21, 2020, COVID-19 stimulus bill, was a response from federal lawmakers after a series of doping scandals and equine racetrack fatalities.

If the HISA changes are included in the spending bill and it passed into law, supporters of HISA believe the implementation of the rules will continue with no interruption.