In an effort to encourage use of the Freedom of Information Act (FOIA) to access information, Illinois State Reps. Barbara Flynn Currie and Mary K. O'Brien have introduced House Bill 438 to the Illinois state legislature. The bill would provide reimbursement for court costs and attorney fees for individuals who are successful in lawsuits brought under the Illinois FOIA. This would ensure that individuals previously constrained due to financial burdens, as well as attorneys who were discouraged by fees, could utilize opportunities to access information and participate in democracy. This bill was passed by the Illinois House on March 4, 2003, and is currently being read by the Senate. Illinois has a poor history of compliance with information requests: a 1999 study by the Associated Press cited a compliance rate of less than one-third. Illinois residents can support this legislation through the American Civil Liberties Union's Take Action page. Original federal FOIA legislation contained a FOIA attorney fee subsection, (a)(4)(E), as part of the 1974 FOIA amendments which used the "catalyst theory" to award attorneys' fees to plaintiffs who catalyze a defendant's change in conduct. As long as the process resulted in a release of the requested records, the FOIA plaintiff could recover fees even if the ruling were not in their favor. A 2002 D.C. Circuit Court of Appeals ruling, Oil, Chemical & Atomic Workers v. Department of Energy changed this atmosphere under FOIA, ruling that unless the plaintiff wins a final judgment or a consent decree from a judge, it will be extremely unlikely that attorneys' fees could be recovered. This was a strategic move in order to limit the amount of government information sought and created a disincentive for attorneys to litigate. A valuable public good and tool for democracy was lost and fewer FOIA cases were brought to the courts. This Illinois bill is an important example for other states and the federal government that access to information and proper use of FOIA is vital to an open and transparent government. Reinstating the ability to more easily recoup attorney fees in successful FOIA cases would reinvigorate a critical aspect of the struggle to achieve an accountable and transparent government. The courts are an important check and balance on the executive branch, which typically tends to be fairly restrictive with information. Unfortunately, the courts have become more and more silent on FOIA and access to government information as cases are brought less frequently, due to the reduced possibility of recovering the significant financial expense that these cases represent.