To toughen how Congress polices itself, a bill would prohibit members from receiving pensions if they are convicted of crimes including rape and sexual assault.
Despite leaving Congress before completing their terms, both men can receive taxpayer-funded Congressional pensions as they meet the minimum amount of time served in the legislative body to receive a pension.
The Democrat's resignation means there are currently 431 lawmakers in the lower chamber, consisting of 217 Republicans, 213 Democrats and one independent. There are also four vacancies.
Congressman James Walkinshaw (D-Va.) said "good riddance" to two congressmen after sexual misconduct allegations. Walkinshaw said the recent situation highlights a problem in Congress. #congress #sexualmisconduct #politicians
Swalwell and Gonzales both face sexual misconduct allegations and Gonzales has acknowledged he had an affair with a former staffer who later committed suicide.
A number of Democratic leaders have called on Swalwell to drop his gubernatorial bid, but stopped short of urging the congressman to leave Capitol Hill.