Criteria For What Counts as Art

By what criteria should the NEA, or National Endowment of the Arts, determine what counts as "Art"?  

According to United States senators, the NEA should determine what is art and what isn't based on these criteria:

• To support the survival of the best of all forms that reflect the American heritage in its full range of cultural and ethnic diversity and to provide national leadership on behalf of the art
• Should not be offensive across the board
• Something the whole nation can appreciate and admire
• Something that causes a positive aesthetic response when viewing it 

While I agree with the overall principle the US senators were trying to implement, I believe that the NEA should determine what is art based on these criteria as well:

•  Does the work affect all people? 
• The affect could be either positive or negative
• Does it provoke an emotion?
• Can we learn something from this particular piece?
• How can we incorporate what we have learned from viewing the piece into our daily lives?
• Approach the piece from both contextualist and formalist viewpoints