You have a Federal statute that does exactly what you want. The only reason you have expressed for an amendment is that the statute MIGHT get stricken down by a court. It hasn't yet.
Back to my original premise - Having legislators pass laws that ARE NOT PRESENTLY NEEDED FOR ANY REASON is not, by any stretch, conservative.
And if there's smoke, we wait til it becomes a fire and burns down the house? Or do we snuff out the smoke before it becomes the fire that consumes the building?