; or (ii) any of the material elements of the application are knowingly fabricated. (C) Opportunity to clarify The Secretary of the Attorney General may not make a determination under this paragraph that an application is frivolous unless, during the course of the proceedings, the applicant has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim. (D) Availability of certain relief A finding under this paragraph 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. . 8. Anti-fraud investigative work product (a) Asylum credibility determinations Section 208(b)(1)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1)(B)(iii) ) is amended by inserting after all relevant factors the following: , including statements made to, and investigative reports prepared by, immigration authorities and other government officials . (b) Relief for removal credibility determinations Section 240(c)(4)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(4)(C) ) is amended by inserting after all relevant factors the following: , including statements made to, and investigative reports prepared by, immigration authorities and other government officials . 9. Penalties for asylum fraud Section 1001 of title 18, United States Code, is amended by adding at the end the following: (d) Whoever, in any matter before the Secretary of Homeland Security or the Attorney General pertaining to an application for asylum or the adjudication of an application for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) or withholding of removal under section 241(b)(3) of such Act ( 8 U.S.C. 1231 ), knowingly and willfully— (1) makes any materially false, fictitious, or fraudulent statement or representation