If you are referring to this- "...the parliamentarian, Elizabeth MacDonough, determined the measure did not comply with the Senate’s Byrd Rule... ", there are ways around it. The bill can be rewritten or it can be voted on as-is but there are not enough votes for it to pass.
This provision was probably included as a bargaining chip. It's common for bills to contain elements that one side is willing to drop in exchange for keeping other priorities intact.