Reply #14: The vague wording in the reconciliation rule - "direct and substantial effect on the budget" -

[pinto]

is the hurdle here and it appears the parliamentarian makes the call.

Feinstein still has the option of a stand alone bill to establish a Rate Authority. If she could get it through the Senate - questionable - it would seem to have a pretty good chance in the House.

So her current option is lobbying the parliamentarian on the reconciliation point. And, as an aside, as I understand it, this has no bearing on the House vote on the Senate bill itself - however that's eventually handled procedurally. The Senate bill, as it stands, has to come out of the House as is to qualify for reconciliation.

All changes afterwords have to pass the reconciliation rule muster. That's the tug-of-war now.