" United States v. Rodgers, 461 U.S. 677, 706, 103 S.Ct. 2132, 2149, 76 L.Ed.2d 236 (1983). Appellants accordingly argue here that the legislative history of Sec. 2315(a)(1) indicates that Congress intended "may waive" to be mandatory rather than permissive. However, the legislative history they cite to support this claim is thin. It consists of a few short passages suggesting that Congress sought to "provide" for waivers, surrounded by dozens of pages emphasizing the legislators' focus on cost-cutting. Probably the best support for appellants' contention is the statement in the House Hearings by then-Secretary of Labor Donovan that Sec. 2315(a)(1) "provides for waivers where equitable." House Hearings at 14; see S.REP. No. 139, 97th Cong., 1st Sess. 536 (1981) U.S.CODE CONG. & ADMIN.NEWS



