Under new federal anti-terrorism laws, UC Davis would be barred from notifying the public of the theft or release of dangerous pathogens from its proposed biolab unless authorized by federal and state officials.

And in the event of a national emergency, the campus's proposed biodefense laboratory would fall under the purview of the Department of Homeland Security.

These federal laws, which were outlined by university officials in an open letter to the campus community Tuesday and in conversations with the news media, have raised questions of how much control UC Davis would maintain over its proposed high-security infectious-diseases laboratory.

The federal rules also have prompted Davis Mayor Susie Boyd to rescind her stated personal support for building the lab in the city.

"To learn in the 11th hour that the lab could be taken over by the federal government is not acceptable to me," Boyd said. "I think (the lab) needs to be in a secure location, possibly a military setting. This is a huge about-face for me."

The local scrutiny of the impacts of the new federal anti-bioterrorism law intensified last week when UC Davis officials notified members of the citizens' group, Stop UCD Biolab Now, that they could not comply with the group's Public Records Act request for information. The group asked about thefts or losses of select research agents in its existing laboratories on campus.

University officials cited restrictions detailed in the Public Health Security and Bioterrorism Preparedness and Response Act of 2002.

The bioterrorism act bars agencies and research institutions that handle a select list of biological agents from disclosing the theft, losses and releases of those agents to the public. Instead, institutions are required to report the losses to the Centers for Disease Control and Prevention and other state and local officials.

Officials with the federal Department of Health and Human Services, in consultation with other federal, local and state officials, would then determine if the public would be notified.

The select agents are microorganisms that can cause serious infectious diseases and are considered by the federal government as having potential to be used by terrorists as weapons. The list of select agents, developed by the federal health department, includes anthrax, Ebola, valley fever, tularemia and others.

The bioterrorism act also bars agencies from disclosing to the public the amount and locations where such agents are stored.

University officials said the new federal laws are intended to protect the public.

"The act reflects a balancing of certain public interests: national security, public safety and coordinated disclosure of public information," said Steven Drown, counsel for UC Davis. "Our intent is to disclose as much information to the public as we can consistent to the law and in coordination with these public health and safety agencies."

In its letter, the university gave its interpretation of the law, reiterating its belief that the act does not place restrictions on the faculty's ability to publish research on select agents.

The bioterrorism act already applies to all campus laboratories that handle select agents. Campus officials said the act's full implications are being studied.

"The law is rapidly evolving, and we continue to get guidance and clarification from the CDC," Drown said.

But several local community activists and elected officials believe the university may be stepping into uncharted legal waters in its bid for a proposed Western National Center for Biodefense and Infectious Diseases. They said that even if the university intends to maintain open communication with the public about the lab's operations, it would be barred from doing so by federal agencies.

Critics also said the bioterrorism act would render a proposed citizens oversight committee for the biolab meaningless because it could study only the security measures and safety problems made known to it by federal officials.

"It shows the community liaison committee is going to be a joke because they can't have any information," said Samantha McCarthy of Stop UCD Biolab Now.

Mayor Boyd said the restrictions would make an oversight committee a "toothless tiger."

UC Davis is vying with at least four other schools for National Institutes of Health funds to build a $200 million laboratory where scientists would study some of the world's most dangerous pathogens. Supporters say the lab is needed to conduct key research into emerging infectious diseases. The NIH is expected to announce its award next month.

The Davis City Council voted unanimously in February to oppose the facility, citing community opposition. Boyd, however, publicly maintained her personal support for the lab, saying she believed it was safe and appropriate for the campus. She said she cast her vote opposing the project to represent her constituents. Now, she said, she's changed her mind.

Davis City Councilwoman Sue Greenwald, who has been a vocal critic of building the lab on campus, said she believes that once university officials and the public understand the full impact of federal secrecy laws they will push for the NIH to move the lab off-campus.

"Even if Davis gets the award, I believe the NIH will still allow them to move it off campus if the university is firm enough," Greenwald said.

NIH officials notified UC Davis in the spring that they would not consider alternative sites for the lab.

Albert Aldrete, a retired veterinarian who lives near UC Davis, said Tuesday that the federal restrictions don't change his support for the lab.

"The safety features are incredibly secure. It's a box within a box within a box. There's no danger to the community at all," he said.