; and (2) develop bylaws and rules governing the RHSO, including rules establishing the RHSO as an agency for purposes of subchapter II of chapter 5 of title 5, United States Code. (b) Board of directors (1) In general The RHSO shall be governed by a board of directors composed of 9 members, of whom— (A) 5 shall be appointed by the State racing commission of each of the 5 member States that had the greatest number of racing days during the preceding 3-year period, with each such State racing commission appointing 1 member