CBP Refuses to Tell Congress How It Is Tracking Americans Without Warrant (2020)
vice.com
vice.com
CBP is under the executive branch, so Congress isn't in their report chain. Congress also doesn't decide whether CBP's actions are legal or not; the judicial branch does. I don't find it surprising that CBP doesn't feel the need to justify themselves to Congress.
What I find very odd is that Congress even asked. If you don't want them doing it, pass a law banning it. Why does it matter what USC they're using to justify it?