Last week, the House overwhelmingly passed a measure that would repeal a portion of the Patriot Act, which had been passed while the rubble at the Pentagon and World Trade Center still smoldered. The so-called Otter amendment would take away federal investigators' power to conduct "sneak-and-peek" searches — unannounced searches of homes and businesses.

The measure would be a small adjustment to the Patriot Act, but it indicates a growing belief among lawmakers that some investigators have abused their new powers and need to be held more strictly accountable. Those concerns may diminish any prospects for a sequel to the Patriot Act.

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The Justice Department already seems to be adjusting its sights. One person familiar with the department's agenda said the original Patriot II proposal is now "dead."