I'm not an American lawyer, but my understanding is, first of all, that the FCPA contains an express facilitation payments exception. Guidance that I downloaded from the U.S. DOJ, I think it was, last night confirms this.
As far as the SEC is concerned, my understanding is that they effectively have a books and records provision that says you can't track a facilitation payment as though it were entertainment. But it doesn't make it unlawful to make a facilitation payment; it simply establishes that you can't falsify it in your books and records. But again, I'm getting it second-hand from people I've consulted. I'm not an American lawyer.