(3) Victim
(A) In general The term victim means a person who
(i) suffered direct physical or emotional injury or death as a result of international terrorism occurring on or after December 21, 1988 with respect to which an investigation or prosecution was ongoing after April 24, 1996; and
(ii) as of the date on which the international terrorism occurred, was a national of the United States or an officer or employee of the United States Government.
(B) Incompetent, incapacitated, or deceased victims
In the case of a victim who is less than 18 years of age, incompetent, incapacitated, or deceased, a family member or legal guardian of the victim may receive the compensation under this section on behalf of the victim.
(C) Exception
Notwithstanding any other provision of this section, in no event shall an individual who is criminally culpable for the terrorist act or mass violence receive any compensation under this section, either directly or on behalf of a victim.