"We cannot allow the Ex-Im Board to languish without a quorum," Sen. Jeff Merkley (D-Ore.), said in a letter to Shelby earlier this month. "Otherwise businesses that benefit from Ex-Im will be forced to continue losing contracts to foreign competitors resulting in lost revenues and jobs."

Democrats have pointed out that Shelby has refused to consider most nominations and that his refusal also could doom the nomination of John Herrera to a vacancy on the NCUA board.

"The clock is ticking," the Democratic aide said.

President Obama nominated McWatters for a Republican seat on the board in January and Herrera in July.

If Shelby continues to refuse to consider nominations, it would mean that the NCUA board would operate with two members—McWatters and Chairman Rick Metsger—for the foreseeable future. The nominations would expire at the end of the year, allowing the new president to make choices for the seats.

Before leaving for their summer recess, House and Senate appropriators added language to the annual State-Foreign Operations appropriations bill stating that the bank does not need a quorum to make loans.

As the Senate Appropriations Committee considered the State-Foreign Operations spending bill, Sen. Lindsey Graham (R-S.C.) proposed an amendment that changed the quorum requirements for the Ex-Im Bank.

In the House, Rep. Charles Dent (R-Pa.) proposed a similar amendment, which was approved at the committee level.

That legislation still has a long way to go before it is enacted into law and conservative opponents are livid over the end-run around Shelby's committee.

"It's a scandal," said Veronique de Rugy, a senior research fellow at the conservative Mercatus Center at George Mason University.

And a Shelby aide confirmed reports that the senator did not know about the Ex-Im Bank amendment before it was offered, a move that the conservatives said was a breach of protocol.

But if it is included in the final appropriations bill, the pressure to confirm McWatters is drastically decreased.

Shelby has given various reasons for refusing to consider the nomination—ranging from a lack of time because he was campaigning in a tough re-election primary contest, to his opposition to the bank.

Opponents of the Export-Import Bank contend that the loans made to businesses amount to corporate welfare and that loans are made to a limited number of businesses.

Supporters of the bank say that the loans are essential because they create jobs at the businesses that receive the funds.

As Congress returns after its long recess, the nominations of McWatters and Herrera remain in limbo.

Congress may pass a temporary Continuing Resolution to keep the federal government funded until after the election. In that case, the Ex-Im Bank changes may wait.

A lame-duck session after the elections is likely. At that time, the House and Senate may consider the State-Foreign Operations spending bill—most likely in the form of a huge omnibus bill funding many, if not all, federal programs.

Whether the Ex-Im Bank provision is included in that bill remains an open question, although the fact that it was included in both the House and Senate spending measures increases its chances of being included.

In addition, the question remains about whether Congress will consider the Herrera and McWatters nominations. In some cases, the Senate has agreed to pair nominations—one that Republicans want, with one that Democrats want.

Conservatives have vowed to fight any effort to get the Ex-Im Bank up and running again.

"It's cronyism at its worst," de Rugy said. "There will be a fight.