President George W. Bush has already signed off on the agreement, which sets legal jurisdiction over U.S. troops and contractors and lays out timetables for withdrawal of U.S. forces.
But a section of the Status of Forces Agreement pertaining to Pentagon contractors says "primary jurisdiction falls to the government of Iraq, " the senior Defense department official said.
"In another place, jurisdiction would depend on the facts and circumstances, including the nature of an agreement with the resident sovereign over who exercises control, " Waxman said.
He noted that the draft agreement calls for a joint commission to be formed to determine the jurisdiction, but Iraq wants that changed so such a case would be entirely under Iraqi jurisdiction.