; (2) in clause (iv), by striking the period at the end and inserting , or ; (3) by moving clause (iv), as so amended, two ems to the left; and (4) by adding at the end the following: (v) constitutes a persistent pattern of conduct that— (I) fails to effectively enforce the environmental laws of a foreign country, (II) waives or otherwise derogates from the environmental laws of a foreign country or weakens the protections afforded by such laws, (III) fails to provide for judicial or administrative proceedings giving access to remedies for violations of the environmental laws of a foreign country, (IV) fails to provide appropriate and effective sanctions or remedies for violations of the environmental laws of a foreign country, or (V) fails to implement environmental commitments in agreements to which a foreign country and the United States are a party. . 702. Identification of foreign country trade practices that negatively affect the environment (a) In general Chapter 1 of title III of the Trade Act of 1974 ( 19 U.S.C. 2411 et seq.) is amended by adding at the end the following: 311. Identification of foreign country trade practices that negatively affect the environment (a) Identification (1) In general The Trade Representative shall identify those foreign country trade practices that cause negative environmental impacts on the protection of human, animal, or plant life or health, or the conservation of exhaustible natural resources in the United States, the foreign country, a third country, or internationally. (2) Factors In identifying foreign country trade practices under paragraph (1), the Trade Representative shall take into account all relevant factors, including— (A) the strength of the connection between trade and the negative environmental impact; (B) the significance of the negative environmental impact on the protection of human, animal or plant life or health, or the conservation of exhaustible natural resources