Open-water swimming, though an Olympic event since 2008, has never been safe. In light of the Olympics returning to the United States for the first time in over three decades, USA Swimming has the opportunity to set a new global precedent: one where the safety of athletes takes priority over elite competition. This Note argues that current safety regulations in open-water swimming are inadequate and that governing bodies like USA Swimming and World Aquatics have failed to implement meaningful safeguards despite overwhelming evidence of preventable risks.

The death of Fran Crippen in 2010 during an open-water event exposed these systemic failures, yet more than a decade later, open-water swimmers still compete without enforceable protections against extreme water temperatures, unsafe starting conditions, and insufficient athlete monitoring. To address these urgent concerns, this Note proposes the Open-Water Swimming Safety Act, a federal act requiring USA Swimming to adopt mandatory safety reforms. The Act establishes stricter water temperature limits, rolling starts for large races, and real-time GPS-enabled biometric tracking for athlete monitoring.

By shifting from reactive crisis management to proactive safety enforcement, the Act ensures that no swimmer is forced to choose between competition and survival. The 2028 Olympics provides a perfect opportunity to implement these protections, ensuring that Fran Crippen’s legacy is one of lasting reform, not repeated failure.