The Office of Homeland Security was unable to prove to a Federal judge that it is not an agency, thus, it must answer questions about its power over other Federal agencies.

The Washington-based Electronic Privacy Information Center requested Office of Homeland Security records on proposals for standardized U.S. driver's licenses, biometric identification and the "trusted traveler" program, under the Freedom of Information Act (FOI). The Office, however, claimed in Federal court that it was not an agency and that its sole function was to advise and assist the President, therefore it is not subject to FOI laws.

U.S. District Judge Colleen Kollar-Kotelly ordered the Office of Homeland Security to prove it has "no authority other than helping and advising President Bush" if it wants to dismiss the lawsuit.

The privacy group now has until late February to determine whether the Office of Homeland Security gives directions or approvals to other agencies, thus making it more than just a Presidential advisory group.

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