House Republicans will need to pass their tax plan for a second time after the Senate parliamentarian ruled that provisions in the bill violated the rules governing the legislation.



"Members are advised that we expect Senate Democrats to insist on a Byrd Point of Order on the Conference Report to Accompany H.R. 1, which is likely to be sustained," said guidance from House Majority Whip Steve Scalise Stephen (Steve) Joseph ScaliseHouse GOP slated to unveil agenda ahead of election House panel details 'serious' concerns around Florida, Georgia, Texas, Wisconsin elections Scalise hit with ethics complaint over doctored Barkan video MORE's (R-La.) office, which was sent to GOP lawmakers.



"As such, Members are further advised that an additional procedural vote on the Motion to Concur is expected tomorrow morning, which will clear the bill for President Trump Donald John TrumpBiden on Trump's refusal to commit to peaceful transfer of power: 'What country are we in?' Romney: 'Unthinkable and unacceptable' to not commit to peaceful transition of power Two Louisville police officers shot amid Breonna Taylor grand jury protests MORE’s signature," his office added.

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The House initially passed the tax plan earlier Tuesday, with the Senate poised to clear the bill on Tuesday night.

A final vote is now expected on Wednesday.

The Senate ruled that two provisions in the bill did not comply with the budget rules of reconciliation, which Republicans are using to avoid a Democratic filibuster, according to multiple congressional sources.

A House Ways and Means Committee spokesperson said "two minor provisions" would be removed from the Senate bill.

One, according to the aide, is tied to 529 accounts for homeschooling expenses, pushed by Sen. Ted Cruz Rafael (Ted) Edward CruzCruz blocks amended resolution honoring Ginsburg over language about her dying wish Trump argues full Supreme Court needed to settle potential election disputes Press: Notorious RBG vs Notorious GOP MORE (R-Texas).

The second concerns an exemption included in the tax bill that would allow universities with fewer than 500 tuition-paying students from having to pay the endowment excise tax.

The parliamentarian's decision marks a last-minute setback for the GOP's momentum on their tax bill. But Republican aides remained adamant that the bill would still reach Trump's desk this week.

"The Senate will still vote tonight, and the House will vote tomorrow to send the final bill to the President’s desk," the Ways and Means spokesperson said. "Chairman [Kevin] Brady [R-Texas] will work to restore these provisions in a future tax bill."

The ruling would allow Democrats to strip the two provisions out of the legislation unless Republicans can corral 60 votes, which requires winning over at least eight Democratic senators — and keep their entire caucus on board.

House Minority Leader Nancy Pelosi Nancy PelosiHoyer: House should vote on COVID-19 aid — with or without a bipartisan deal Ruth Bader Ginsburg lies in repose at Supreme Court McCarthy threatens motion to oust Pelosi if she moves forward with impeachment MORE (D-Calif.) quickly seized on the Senate parliamentarian's ruling, saying "the House revote is the latest evidence of just how shoddily written the GOP tax scam really is."

"The wealthy and well-connected will be exploiting the hidden loopholes and giveaways in the GOP tax scam for years to come. Meanwhile, middle-class families pay more and our children get stuck with the bill for an exploding national debt," she said.

Sens. Ron Wyden Ronald (Ron) Lee WydenDemocrats call for declassifying election threats after briefing by Trump officials Read Democrats' report countering Republicans' Biden investigation Top GOP senators say Hunter Biden's work 'cast a shadow' over Obama Ukraine policy MORE (D-Ore.) and Bernie Sanders Bernie SandersOutrage erupts over Breonna Taylor grand jury ruling Dimon: Wealth tax 'almost impossible to do' Grand jury charges no officers in Breonna Taylor death MORE (I-Vt.) also seized on the ruling immediately, saying Republicans in a "mad dash to provide tax breaks for their billionaire campaign contributors" had run afoul of the chamber's rules.

"It is our intention to raise a point of order to remove these provisions from the conference report and require the House to vote on this bill again. Instead of providing tax breaks to the wealthiest people and most profitable corporations, we need to rebuild the disappearing middle class," they said in a joint statement.