Washington–Supporters of legislation to create a trust fund for asbestos injuries said they believe they have the votes now to overcome a procedural roadblock.

But, in a letter seeking a Senate floor vote next week, sent to Senate Majority Leader William Frist, R-Tenn., backers of the measure indicated while they can overcome a budget point of order, they are unsure if they can meet his second criteria for a revote: enough votes to limit debate on the bill.

A number of the measure's opponents, who include lobbyists for insurers and trial lawyers who asked not to be identified, said they believe the letter is merely an effort to build public support for the bill and keep the options open for the bill's supporters.

Congress returns to work Monday after a 10-day Presidents' Day recess.

The letter to Sen. Frist was signed by Sen. Arlen Specter, R-Pa., chairman of the Senate Judiciary Committee and primary supporter of the bill. In a vote before the recess to overcome a budget point of order sought by opponents of the bill, supporters needed 60 votes, but could garner only 58.

In the letter, Sen. Specter and the supporters said they believed they already have enough votes to overcome the budget point of order, but were the victims of circumstance during the prior votes on the bill.

“But for the absence of a single member, we believe the Senate would have mustered the requisite 60 votes to overcome this technical point of order,” Sen. Specter and his supporters said in the letter. The absent senator–Sen. Daniel Inouye, D-Hawaii–is expected to also sign the letter, thus ensuring the bill will move back to the floor.

“We are eager to finally resolve the asbestos problem that has been considered, analyzed and deliberated by the Senate for nearly two decades,” Sen. Specter said in the letter.

“Time is running out for the thousands of asbestos victims suffering from asbestos disease and the scores of companies facing severe financial difficulties because of the hundreds of thousands of asbestos lawsuits being brought against them.

“Because this may be our last best chance to enact meaningful asbestos reform, we are hopeful that you share in our sense of urgency to resolve this important unfinished business of the Senate,” he wrote.

The bill would establish a $140 billion trust funded by insurers and companies named in asbestos injury lawsuits.

The letter was in response to comments by Sen. Frist Feb. 17, after the budget point of order stalled action on the bill.

In the letter, Sen. Frist said that the legislation would remain on hold unless supporters could obtain enough votes to both overcome the budget point of order and block unlimited debate on the bill, another ploy opponents can use to block final action.

“To fix the asbestos crisis without additional delay, I have told Chairman Specter and Senator Leahy that 60 members must signify their commitment to support both the motion to waive the pending Budget Act point of order and end any filibuster of the bill,” Sen. Frist said. “Once that public assurance is given, I will look to schedule the bill at the earliest possible opportunity. The victims of asbestos exposure deserve no less.”

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