‘‘(D) In making a determination under subparagraph 
(C), the Librarian— 
‘‘(i) shall consider the totality of the evidence 
available to the Librarian; and 
‘‘(ii) may not assign the burden of proof to a 
proponent of an exemption. 
‘‘(E) The Librarian, at the discretion of the Librar-
ian, may conduct a rulemaking proceeding under subpara-
graph (C) outside of the 3-year review process described 
in that subparagraph if the Librarian determines that it 
is substantially likely that persons who are users of a copy-
righted work which is in a particular class of works are, 
or are likely to be in the succeeding 3-year period, ad-
versely affected by virtue of the prohibition under subpara-
graph (A) in their ability to make noninfringing uses of 
that particular class of works under this title.’’; 
(F) in subparagraph (F), as redesig-
nated— 
(i) by striking ‘‘The Librarian’’ and 
inserting ‘‘(i) The Librarian’’; 
(ii) by striking ‘‘adversely affected, 
and the prohibition’’ and inserting the fol-
lowing: ‘‘adversely affected. 
‘‘(ii) The prohibition’’; and 
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(iii) by adding at the end the fol-
lowing: 
‘‘(iii) At the end of each 3-year period described in 
subparagraph (C), the Librarian shall renew for the ensu-
ing 3-year period each exemption granted under subpara-
graph (C) unless the Librarian determines that, as a re-
sult of changed circumstances, it is unlikely that any per-
sons who are users of a copyrighted work in the class of 
copyrighted works to which the exemption relates will be 
adversely affected by virtue of the prohibition under sub-
paragraph (A) in their ability to make noninfringing uses 
of that particular class of works under this title.’’; and 
(G) by inserting after subparagraph (F), 
as redesignated, the following: 
‘‘(G) For purposes of this paragraph— 
‘‘(i) persons are ‘adversely affected’ if a techno-
logical measure that effectively controls access to a 
work which is in a particular class of copyrighted 
works diminishes the ability of the persons to make 
noninfringing uses of that particular class of works 
under this title; 
‘‘(ii) if a technological measure inhibits non-
infringing uses of a work which is in a particular 
class of copyrighted works relating to improving ac-
cessibility of works or technologies for persons with 
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disabilities, there shall be a presumption that per-
sons who use that particular class of work are likely 
to be adversely affected; and 
‘‘(iii) the Librarian may find that a use of a 
work is noninfringing based upon the totality of the 
circumstances, including— 
‘‘(I) the presence of supporting judicial 
precedent; 
‘‘(II) the absence of contrary judicial 
precedent; 
‘‘(III) the intent of Congress; and 
‘‘(IV) any other factors relevant to— 
‘‘(aa) assessing the applicability of 
copyright protection; or 
‘‘(bb) exceptions to or limitations on 
copyright protection.’’. 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Librarian of Con-
gress, in consultation with the Register of Copy-
rights and the Assistant Secretary for Communica-
tions and Information of the Department of Com-
merce, shall— 
(A) conduct a study, including by soliciting 
public comment, on— 
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