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He's still out though. What are you going to do about it? You can't involuntarily invade a person's privacy and take their piss without consent? He's still out. And an agreement still has to be made.
It doesn't matter -- he's cheating the system. He's CLEARLY "indefinitely suspended". If he wants his suspension to keep moving, he needs to be actively tested.
USADA needs to immediately freeze his indefinite suspension until he's tested again. Let's say he's not tested for 6 more months -- then when they come to an agreement with him, he gets 6 months added on top of that.