On March 9, 2026, a group of 14 Senate Democrats, led by Senators Dick Durbin, Jeanne Shaheen, Andy Kim, Elizabeth Warren, and Sheldon Whitehouse, introduced the Foreign Corrupt Practices Act Reinforcement Act (the “FCPA Reinforcement Bill”).[1] If passed, the FCPA Reinforcement Bill would increase the current statute of limitations period for violations of the criminal anti-bribery provisions of the FCPA from five to ten years.[2] This means that such violations could be prosecuted ten years from the date of the last act required to complete the crime or violation, effectively doubling the baseline exposure period for prosecution.[3] And when factoring in the three-year tolling of the statute of limitations that is already available to prosecutors under 18 U.S.C. § 3292 for official foreign evidence requests, the total window for prosecuting FCPA anti-bribery violations could extend to as long as 13 years.
Any changes to the FCPA’s statute of limitations would not be retroactive. Thus, if the limitations period has already expired on a potential violation on the date that the legislation is passed, the FCPA Reinforcement Bill would not resurrect it. If, however, the limitations period has not run by that date, the new 10-year term should apply.
The FCPA Reinforcement Bill includes an eight-year sunset clause, providing that the lengthier ten-year statute of limitations period would revert back to the original five-year statute of limitations period after eight years, unless extended further.[4] Even without the sunset clause, were the bill to pass, the lengthier statute of limitations period would extend exposure into at least the next presidential administration, and likely into the one after that.
The FCPA Reinforcement Bill appears to be intended to send a message to the private sector that companies and those engaged in international business should not retreat from compliance with the law and their existing anti-corruption compliance practices. It serves as a reminder that future FCPA enforcement policies, priorities, and resources are uncertain; the current five-year statute of limitations carries into a next administration; and legislation such as the FCPA Reinforcement Act could be adopted in response to any perceived de-prioritization of FCPA enforcement or slippage in ethical business practices.
While the FCPA Reinforcement Bill will almost certainly not pass and be signed into law anytime soon, it serves as a reminder that transnational anti-corruption enforcement is not going away and that, similar to sanctions violations that received a statute of limitations extension in 2024, the FCPA may ultimately be granted an even longer runway for the prosecution of its anti-bribery offenses. With these uncertainties in mind, here are some practical steps that companies can take to minimize their exposure:
- Maintain and periodically review existing anti-corruption compliance policies and procedures to ensure program effectiveness in preventing, identifying, and responding to suspected corruption-related misconduct;
- Clear and direct communications throughout the company, reinforcing corporate values and emphasizing the importance of conducting business ethically without regard to shifting enforcement priorities;
- Ensure the existence and effectiveness of clear reporting mechanisms for suspected corruption-related misconduct, including by training personnel on anti-corruption policies and ensuring access to anonymous and confidential reporting channels;
- Conduct timely preliminary investigations into suspected corruption-related misconduct;
- Preserve and collect documents and information that may be relevant to a future government inquiry; and
- Continue to invest in robust and proactive compliance, including staying abreast of, and investing in, emerging technologies such as artificial intelligence to enhance anti-corruption compliance, including diligence, monitoring, testing, and investigations.
Ultimately, with or without the FCPA Reinforcement Bill, there can be a long time horizon for prosecuting such cases; companies should guard against relaxing their vigilance in addressing corruption risk.
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[1] The FCPA Reinforcement Bill was introduced by the group of 14 Senate Democrats via press release. See Press Release, Senate Comm. on Banking, Hous. & Urban Affairs, Warren, Whitehouse, Kim, Durbin, Shaheen and Colleagues Introduce Legislation to Reinforce Foreign Corrupt Practices Act, Countering Trump’s Narrowed Enforcement of Landmark Anti-Bribery Law (Mar. 9, 2026), https://www.banking.senate.gov/newsroom/minority/warren-whitehouse-kim-durbin-shaheen-and-colleagues-introduce-legislation-to-reinforce-foreign-corrupt-practices-act-countering-trumps-narrowed-enforcement-of-landmark-anti-bribery-law. That press release was followed promptly by an email message from the minority staff to the Senate Committee on Banking Housing, and Urban Affairs, whose Ranking Member is Senator Warren, to a distribution list of FCPA and anti-corruption legal practitioners, bringing to their attention the bill and early press coverage.
[2] FCPA Reinforcement Act, S. ___, 119th Cong. (2026), https://www.banking.senate.gov/imo/media/doc/fcpa_reinforcement_act.pdf. While not impacted by the FCPA Reinforcement Bill, violations of the FCPA’s books and records and internal controls provisions are subject to a six-year statute of limitations. 18 USC § 3301; 15 USC § 78ff(a).
[3] See 18 U.S.C. § 3282.
[4] FCPA Reinforcement Act, S. ___, 119th Cong. (2026), https://www.banking.senate.gov/imo/media/doc/fcpa_reinforcement_act.pdf.
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