mr. speaker , i recently presented a joint statement with senator snowe regarding small business contracting and would like to submit it for the record . 
section 6022 of h.r. 1268 , as adopted in the conference report , h. rep . 
109-72 , contains certain provisions concerning small business contracting at the department of energy . 
these provisions were inserted as a substitute for section 6023 of the senate version of h.r. 1268 . 
section 6023 , among other things sought to amend the small business act to authorize counting of small business subcontracts at the department of energy 's large prime contractors for purposes of reporting small business prime contracting results . 
because the substitute language was not adopted by congress through regular legislative proceedings in the senate committee on small business and entrepreneurship and the house committee on small business but was adopted anew during the house-senate conference , the in subsections 6022 ( a ) and ( b ) , the language chosen to replace section 6023 in the conference report directs the department of energy and the small business administration to enter into a memorandum of understanding for reporting small business prime contracts and subcontracts at the department of energy . 
this replacement language does not change the small business act 's clear distinction between prime contracts and subcontracts , does not amend the statutory small business prime contracting goal requirements which are binding on the department of energy , and does not obviate congressional and regulatory policies against contract bundling . 
this language does not repeal the president 's executive order 13360 directing the department of energy to comply with its separate statutory prime contracting and subcontracting goals for awards to small businesses owned by service-disabled veterans . 
any interpretation to the contrary would be unreasonable and contrary to congressional intent . 
in subsection 6022 ( c ) , the replacement language mandates a study of changes to management prime contracts at the department of energy to encourage small business prime contracting opportunities . 
the object of the study is to examine the feasibility of establishing a procurement agency relationship between the management prime contractors and the department of energy in accordance with the requirements of federal procurement laws , federal procurement regulations , the `` federal norm '' of government contracting as recognized by the comptroller general , and applicable judicial precedent such as u.s. west communications , inc . 
v. united states , 940 f.2d 622 ( fed . 
cir . 
1991 ) . 
finally , in subsection 6022 ( d ) , the replacement language imposes certain requirements upon the department of energy concerning break-outs of services from large prime contracts for awards to small businesses . 
first , the secretary of energy is required to consider whether services performed have been previously provided by a small business concern . 
this requirement is for acquisition planning purposes only , and shall not be construed as imposing a restriction of any kind on the ability of the department of energy to break out its large prime contracts for award to small businesses . 
congress recognizes that most of work currently contracted by the department of energy to its large prime contractors has never been historically performed by small businesses . 
however , this does not waive the application of the small business act , the president 's executive order 13360 , or the president 's initiative against contract bundling to the department of energy . 
second , the secretary of energy is required 