If the University of Washington were to build a biocontainment lab, federal laws could bar the school from publicly disclosing information about highly lethal pathogens, even if they were stolen, lost or accidentally released.

The UW recently applied for federal funds to build a level-3 biodefense laboratory, one step below the most dangerous level, on its south campus near Portage Bay. The facility would be one of nine regional labs the government wants to study biodefense and infectious diseases, and would be subject to federal bioterrorism laws.

While the UW says it would inform local and state agencies if an incident at the lab posed a potential public-health risk, the public-disclosure law is murky, lawyers say. It's not clear whether the public would have to be notified and whether those agencies could disclose anything.

In Davis, Calif., the City Council opposed the University of California's proposed lab because of the public-oversight issues.

Level 3 labs For studying of lethal airborne agents without readily available vaccines or antibiotics, such as tuberculosis and encephalitis. The lab has a double-door entry and is sealed from the outside. Air pressure is kept lower inside the room so that air would leak into the room rather than out. A lock is required on the door to the lab and on boxes that contain infectious material.

"The deciding factor for the City Council was when it became clear that the [agents] that would have been studied in the facility were exempt from the Freedom of Information Act," said Sue Greenwald, mayor pro tempore of Davis. "It might even be illegal to divulge certain information about them, including deaths and leaks and spills."

In 2002, Congress passed the Public Health Security and Bioterorrism Preparedness and Response Act, designating pathogens that could potentially be turned into bioweapons as "select agents."

UW researchers are already studying some select agents that are not necessarily bioterrorism agents, such as the toxins in red tide and blowfish. But the school's lab proposal also includes researching select agents such as the bubonic plague, tularemia and melioidosis, all of which are highly infectious and potentially fatal.

UC Davis, which had proposed a more dangerous, level-4 lab, initially said all information about its bioterrorism research would be open to the public. But after consulting a lawyer with the federal Department of Health and Human Services, the university changed its position.

"The BioTerrorism Act restricts the disclosure of information concerning select agents, including the location and amount of such agents, and reports of thefts, losses and releases of select agents," Lynette Temple, UC Davis' information-practices coordinator, wrote in 2003, according to documents the school released to The Seattle Times.

A loss or theft would have to be reported to the Centers for Disease Control and Prevention (CDC) and state and local law enforcement, UC Davis found. A release of an agent would require a report to the CDC and state and local public-health agencies. But CDC reports are exempt from the Freedom of Information Act.

Biosafety levels Level 1: For studying microorganisms that are not known to cause disease in healthy humans, such as E. coli. A high-school laboratory would fall into this category. Level 2: For studying moderately risky agents that have vaccines or antibiotic treatments available, such as anthrax and hepatitis B. Pressure-controlled, air-filtered cabinets are used for working with any infectious material that might become airborne. Infectious material is transported in leak-proof boxes and decontaminated before disposal. Level 4: For studying the most lethal and infectious agents, including the Ebola virus. The lab is entirely sealed and entries are air-locked. Researchers wear pressurized suits with air tanks and take decontaminating showers before entering or exiting the lab. How the UW's lab differs from other level-3 labs in Seattle: Although there are already biosafety level-3 labs operating in Seattle, the proposed UW lab funding would come from the Department of Homeland Security to specifically conduct research on bioterrorism agents and infectious diseases. Source: Centers for Disease Control, National Institutes of Health

"There's nothing that says the public ever has to get notified," said Gene Benson, staff attorney with Alternatives for Community and Environment, a group in Boston fighting the construction of a level-4 biodefense lab at Boston University.

Karen VanDusen, the UW director of environmental health and safety, said Davis' interpretation of the law is consistent with the UW's policy. Information that could be withheld about a biolab would include the location and amounts of select agents and specific security plans.

If the UW were to report the release of an agent to the state Department of Health, it's also unclear whether the department could notify the public.

"Our public-disclosure laws have also been expanded since Sept. 11 to [restrict information about] bioterrorism and terrorism," said John Erickson, state director of public-health emergency preparedness and response. "This would be evaluated on a case-by-case basis."

Late last month, the UW submitted a $25 million grant proposal to the National Institutes of Health to build a 56,000-square-foot facility that would house more than 100 faculty and staff members. The principal investigator on the application is Paul Ramsey, dean of the School of Medicine.

The medical school said it had planned to discuss the proposal with the community this month, but the UW Faculty Senate was surprised and concerned when it found out about the plans.

Tina Mankowski, a spokeswoman for the medical school, said the proposed building would consolidate research that is already happening on campus.

"The School of Medicine, that's their business, to research infectious disease," VanDusen said. "That's how we have managed to conquer infectious disease."

Sharon Pian Chan: 206-464-2958 or schan@seattletimes.com