; and (bb) a civil penalty that is the greater of— (AA) for each academic year concerned, the amount equal to 20 percent of the total athletic revenue generated by the institution of higher education; or (BB) $200,000. (ii) Waiver In the case of a first delinquent contribution, the Commission may waive the applicability of clause (i) on request by the institution of higher education concerned if the institution of higher education makes the delinquent payment not later than August 7 of the year in which the payment was due. (b) Physical examinations Before the expiration of eligibility for intercollegiate athletics, a college athlete shall be offered the opportunity to undergo a physical examination for the purpose of diagnosing any sports-related injury or condition. (c) Second opinions A college athlete shall have the right to obtain a medical second opinion independent from the medical opinion given by the institution of higher education at which the college athlete is enrolled. (d) Trainers and medical personnel Any sports trainer or medical personnel employed by an institution of higher education shall— (1) be employed by the health office of the institution of higher education; and (2) operate independently from the athletic department. 7. Health, wellness, and safety standards (a) Establishment of standards (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the Secretary ), acting through the Director of the Centers for Disease Control and Prevention, shall establish health, wellness, and safety guidelines for intercollegiate athletic programs. (2) Consultation and considerations In developing the standards under paragraph (1), the Secretary shall— (A) consult with the Sports Science Institute of the National Collegiate Athletic Association