Whether or not they're an agency has not helped in argumentation or court. Of course it's true that their own documents say Congress appointed only a commissioner and an organization grew up around him, but that is only a data point in a long history of deception that goes back to the Civil War.

It's good to get all the data points out but bad to act rashly with them. Keep researching the Constitution and the law and communicating what you research, keeping an open mind. Our job for now and indefinitely is to build the network of Constitutional Americans, so no single data point should be taken as a smoking gun; rather, keep accumulating truth until you can contextualize it for those yet unschooled in the Constitution.