; or (ii) any of the material elements are knowingly fabricated. (C) Sufficient opportunity to clarify In determining that an application is frivolous, the Secretary or the Attorney General, must be satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim. (D) Withholding of removal not precluded For purposes of this section, a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section 241(b)(3) or protection pursuant to the Convention Against Torture. . 111. Technical amendments Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) is amended— (1) in subsection (a)— (A) in paragraph (2)(D), by inserting Secretary of Homeland Security or the before Attorney General ; and (B) in paragraph (3), by inserting Secretary of Homeland Security or the before Attorney General ; (2) in subsection (c)— (A) in paragraph (1), by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; (B) in paragraph (2), in the matter preceding subparagraph (A), by inserting Secretary of Homeland Security or the before Attorney General ; and (C) in paragraph (3), by inserting Secretary of Homeland Security or the before Attorney General ; and (3) in subsection (d)— (A) in paragraph (1), by inserting Secretary of Homeland Security or the before Attorney General each place such term appears; and (B) in paragraph (5)— (i) in subparagraph (A), by striking Attorney General and inserting Secretary of Homeland Security