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One explanation: Top White House lawyers, led by David Addington, Vice President Dick Cheney's ever-vigilant chief of staff, recoiled at the idea of creating a new White House office whose director was answerable to Congress, according to two sources (who asked not to be identified talking about internal matters). As the Congress wrote the law, the new WMD and terrorism czar would not just have to be confirmed by the Senate. Congress would also be guaranteed access to any "information, documents and studies" commissioned or written by the nuke czar. In addition, the law required that his or her deputies could be called to testify before Congress.

The idea of White House officials being summoned to testify to Congress (and describing internal administration deliberations) set off Addington and other White House lawyers. As they saw it, the concept would violate executive privilege—a principle the Bush White House has fought many a legal battle to uphold, the sources said.

This didn't mean Addington and the lawyers were opposed to the concept of such an office. But the result has been a prolonged stalemate. Asked about the matter at a recent conference on Al Qaeda sponsored by the New America Foundation, Townsend diplomatically said there was a "problem" with the way Congress wrote the bill. Lemack, the 9/11 families' advocate, said she has been advised that Kenneth Wainstein, Townsend's successor as White House homeland-security adviser, and Juan Zarate, the top White House counterterrorism adviser, are trying to figure out a solution. 

Asked about the matter, an administration official told NEWSWEEK that White House officials were engaged in confidential discussions with members of the congressionally mandated WMD and Terrorism Commission (co-chaired by former senators Bob Graham and Jim Talent) about the "right structure" for the new nuclear-proliferation and terrorism office. (The official also noted that Congress didn't get around to actually naming the members of the commission until this year and its final report is due shortly.)

"We have been focused on getting this right rather than getting it done quickly," said the official, who asked not to be publicly identified talking about a subject of ongoing deliberations.

In some respects, the logjam over a new nuclear-proliferation czar is similar to one over another office authorized by the 9/11 law—a civil-liberties board. The board, also recommended by the 9/11 commission, is supposed to monitor the impact of various counterterrorism efforts on civil liberties and report to Congress on any abuses. But as a result of a clash between congressional Democrats and the White House over who should serve on the board, it has never gotten off the ground.

Now it appears neither office is likely to be up and running until next year, when a new Congress convenes—and a new president moves into the White House.

Terror Watch appears weekly on Newsweek.com

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