; and (B) an independent, third-party auditor at least biannually. (2) Routine oversight In addition to the inspections required under paragraph (1), the Secretary shall conduct routine oversight of the detention facilities described in paragraph (1), including unannounced inspections. (3) Availability of records All detention facility contracts, memoranda of agreement, audits, inspections, evaluations and reviews, include those conducted by the Office for Civil Rights and Civil Liberties and the Office of Inspector General of the Department of Homeland Security, shall be considered records for purposes of section 552(f)(2) of title 5, United States Code. (4) Consultation The Secretary shall seek input from nongovernmental organizations regarding their independent opinion of specific facilities. (5) Report of Immigration Detention Ombudsman The Immigration Detention Ombudsman shall submit a report to Congress on a bi-annual basis on its activities, findings, and recommendations, based on the inspections conducted under paragraph (1), including a copy of any complaint form or mechanism created, the number and types of complaints received, the number of complaints investigated, and the number of inspections under paragraph (1) that the Ombudsman conducted during the previous 6-month period, including any unannounced inspections. (d) Compliance mechanisms (1) Agreements (A) New agreements Compliance with applicable standards of the Secretary of Homeland Security and all applicable regulations, and meaningful financial penalties for failure to comply, shall be a material term in any new contract, memorandum of agreement, or any renegotiation, modification, or renewal of an existing contract or agreement, including fee negotiations, executed with detention facilities. (B) Existing agreements Not later than 180 days after the date of the enactment of this Act, the Secretary shall secure a modification incorporating these terms for any existing contracts or agreements that will not be renegotiated, renewed, or otherwise