OFFICIAL DIARY OF THE UNION

Published on: 11/09/2018 | Edition: 216 | Section: 1 | Page: 101

Organ: Ministry of Social Development/Minister's Office

ORDINANCE No. 2,601, OF NOVEMBER 6, 2018

Provides for the use of transferred resources Bottom The Bottom by the Ministry of Social Development – MDS for the temporary increase and structuring of the network within the scope of SUAS.

THE MINISTER OF SOCIAL DEVELOPMENT, in the use of the powers conferred on him by art. 87, item II, sole paragraph, of the Federal Constitution, and art. 33 of Law No. 13,502, of November 1, 2017, in view of the provisions of Law No. 8,742, of December 7, 1993, and Decree No. 7,788, of August 15, 2012,

CONSIDERING the Basic Operational Standard of the Unified Social Assistance System – NOB/SUAS, approved by the Resolution nº 33, of December 12, 2012, of the National Social Assistance Council;

CONSIDERING Complementary Law No. 101, of March 4, 2000, which establishes public finance standards aimed at responsibility in fiscal management and provides other measures;

CONSIDERING Ordinance No. 113, of December 10, 2015, of the Ministry of Social Development, which regulates federal co-financing of the Unified Social Assistance System – SUAS and the transfer of resources in the modality Bottom The Bottom and takes other measures;

CONSIDERING Ordinance No. 124, of June 29, 2017, of the National Secretariat of Social Assistance – SNAS, which regulates the procedures to be adopted by the States, Federal District and Municipalities, regarding the custody and archiving of processes and documents proving expenses carried out with federal resources transferred in the modality Bottom The Bottom, intended for co-financing social assistance services, programs and projects, and voluntary transfers of resources originating from Amendment parliamentary or own budgetary programming within the scope of the Unified Social Assistance System – SUAS and provides other measures;

CONSIDERING Ordinance No. 2,600, of November 6, 2018, which establishes Mobility in SUAS – MOB-SUAS;

CONSIDERING the principle of economy, characterized as parsimony or modesty in public spending, which establishes the need to avoid waste and obtain good results at the lowest possible cost; It is

CONSIDERING that SUAS is based on the federative pact, and defines as assumptions shared management, co-financing of the Social Assistance Policy by the three spheres of government and the clear definition of the technical-political competencies of the entities, resolves:

Art. 1 Provide for the use of transferred resources Bottom The Bottom by the Ministry of Social Development – MDS for the temporary increase and structuring of the network within the scope of SUAS originating from:

I – federal co-financing of programs, projects and Basic Social Protection and Special Social Protection Service Blocks;

II – Amendment parliamentary;

III – own budget programming; It is

IV – other sources that may be established.

Art. 2 For the purposes of this Ordinance, the following are considered:

I – own budget programming: resources included in the General Budget of the Union – OGU by Initiative from MDS;

II – programming: qualification in a computerized system, to be made available by the MDS, from which the interest in executing the resources regulated in this Ordinance is expressed;

III – programming modality: way of applying the resource originating from Amendment parliamentary, from its own budgetary programming, or from other sources that may be established based on its purpose, which may be a temporary increase in regular and automatic federal co-financing of socio-assistance offers or structuring of the socio-assistance network;

IV – Partnership: set of rights, responsibilities and obligations arising from a legal relationship formally established between the body Manager social assistance policy and social assistance entities, in a mutual cooperation regime, to achieve social assistance offers;

V – public units: state units registered in the Registration System of the Unified Social Assistance System – CadSUAS; It is

VI – referenced units: social assistance entities and organizations registered in the National Register of Social Assistance Entities – CNEAS.

Art. 3 The resources transferred in accordance with this Ordinance and their use will be governed by the provisions of Decree No. 7,788, of August 15, 2012, which regulates the Bottom National Social Assistance – FNAS, as well as in other regulations that govern budgetary and financial execution related to transfers in the modality Bottom The Bottom.

CHAPTER ONE FEDERAL COFINANCING OF SUAS

Art. 4 The resources from federal co-financing of socio-assistance services, programs and projects will be transferred by the FNAS on a regular and automatic basis, in the modality Bottom The Bottom, to the social assistance funds of the states, the Federal District and the municipalities, and may be used to purchase permanent equipment and materials necessary for the execution of services within the scope of SUAS.

Single paragraph. The acquisition of permanent equipment and materials will take place within the scope of each Program, Project or service financing block, observing the mandatory link between the purpose of the original resource and the use of the goods.

Art. 5º The amounts existing in the bank accounts of the federated entities relating to programs, social assistance projects and service financing blocks, referred to in item I of art. 1st, regardless of the date of transfer of resources, they may, from the date of publication of this Ordinance, be used in the acquisition of permanent equipment and materials, subject to the provisions of this Ordinance.

CHAPTER IIVOLUNTARY TRANSFERS OF RESOURCES FROM Amendment PARLIAMENTARY OR OWN BUDGETARY PROGRAMMING

Art. 6 The MDS may transfer resources originating from Amendment parliamentary or own budgetary programming, in the form of voluntary transfers in the modality Bottom The Bottom destined to:

I – structure the social assistance network of states, municipalities and the Federal District, for investment purposes, to be classified in the Nature of Expense Group – GND 4; It is

II – temporarily increase automatic and regular transfers for funding purposes, to be classified in the Nature of Expense Group – GND 3.

Single paragraph. The transfers referred to in the caput cannot be used to carry out works.

Art. 7 Voluntary transfers arising from specific budget programming and parliamentary amendments are conditioned on compatibility with the Social Assistance Policy and, where applicable, with other regulations relating to mandatory execution budget programming, which, if not met, will constitute technical impediments to possible mandatory execution.

Art. 8 For the transfer of resources referred to in art. 6th, the programming must be registered in a specific system made available by the MDS, which must contain, at least, the following information:

I – entity;

II – beneficiary unit;

III – address;

IV – electronic address;

V – registration number of the National Register of Legal Entities – CNPJ of the Bottom social assistance Recipient;

VI – value;

VII – GND; It is

VIII – other pertinent data.

Single paragraph. If the program has as its beneficiary a social assistance entity that is not registered with CNEAS, a technical impediment will be registered and the entity will be considered unfit, with the responsible authority being responsible for registering or replacing the indication.

Art. 9 The FNAS will provide, for each type of programming, by level of Social Protection, programs and projects, the opening of a specific current account linked to state, municipal and Federal District funds, observing their registration with the CNPJ, in accordance with that established in specific regulations of the Brazilian Federal Revenue Secretariat – RFB.

Art. 10. The FNAS will transfer, in a single installment, the values of each approved program to the social assistance funds of the federative entities, according to budgetary and financial availability.

Art. 11. The execution of resources must be operationalized through an application made available by an official federal financial institution that has a technical cooperation agreement with the MDS and that enables the electronic movement of resources.

Art. 12. The transfers referred to in this chapter will not be considered for the purposes referred to in Ordinance No. 36, of April 25, 2014, of the MDS.

ORDINANCE No. 2,601, OF NOVEMBER 6, 2018

METHODS SECTION

Art. 13. The following are programming modalities for the voluntary transfer of resources arising from specific budget programming or parliamentary amendments:

I – temporary increase, which comprises resources classified as funding and transferred for a determined period, in the modality Bottom The Bottom, in order to meet the provision of social assistance services;

II – network structuring, which comprises resources classified as investment, which may be:

a) transferred to social assistance funds with the purpose of structuring the permanent network; or

b) intended for centralized acquisition by MDS of vehicles and/or other permanent goods and materials.

Art. 14. The resources referred to in this Chapter must be allocated to the FNAS Budgetary Unit:

I – na Budget Action 219 G – Structuring the SUAS Service Network, in Application Modalities 31 (thirty-one) for states, the Federal District or 41 (forty-one) for municipalities, in GND 3, costing; It is

II – in Budget Action 219 G – Structuring the SUAS Service Network in Resource Application Modalities 31 (thirty-one) for the states, the Federal District or 41 (forty-one) for municipalities, in GND 4, investment.

§ 1 The National Secretariat of Social Assistance – SNAS may define other budgetary actions, in order to enable the transfer of resources, in the modality Bottom The Bottom, for the purpose of temporary increase and investment in the social assistance network.

§ 2º The FNAS will provide, if necessary, the change of the application modality, in order to enable the transfer in the modality Bottom The Bottom.

SECTION IIDA PROGRAMMING AND EXECUTION OF RESOURCES

Art. 15. Manager of Bottom of social assistance in the municipality, state or Federal District must register the program in a system to be made available by MDS and its completion will confirm acceptance of the appeal.

Single paragraph. If Manager If you do not register the program within the deadline defined in the SNAS act, you will incur a technical impediment to the continued transfer of resources.

Art. 16. The deadlines referred to in the sole paragraph of art. 15 will follow a schedule defined by:

I – Ministry of Planning, Development and Management – MP and MDS, for execution of parliamentary amendments, individual and collective; It is

II – MDS, when it is a resource for its own budget programming.

Art. 17. Programs registered and sent for merit analysis will be evaluated considering the following criteria:

I – coherence with the Social Assistance Policy;

II – in line with the Social Assistance Plan of the federative entity; It is

III – adequacy with the nature of the social assistance offer.

Art. 18. For the transfer of resources arising from parliamentary amendments, the total value of each Amendment may be divided into several schedules as long as the minimum value per schedule is not less than:

I – R$ 50,000.00 (fifty thousand reais) for the municipalities of Pequeno Porte I and Pequeno Porte II; It is

II – R$ 100,000.00 (one hundred thousand reais) for municipalities of Medium Size, Large Size, Metropolises, states and the Federal District.

Art. 19. For transfer of resources arising from own budget programming, the minimum value per programming will be R$ 25,000.00 (twenty-five thousand reais).

Art. 20. The resources will be transferred to the social assistance funds of the states, the Federal District and the municipalities.

§ 1 In the form of a temporary increase whose schedules foresee execution by a social assistance entity or organization, the Manager of the respective Bottom of social assistance must carry out the transfer of resources within 90 (ninety) days from the effective credit to the specific account, and this period may, at the discretion of the MDS, be extended.

§ 2 Failure to meet the deadline established in § 1 will result in the blocking of federal co-financing resources from the Service Financing Block to which the increase refers.

Art. 21. The transferred financial resources, whose Recipient end is the federative entity itself, they must be transferred to a specific bank account, opened by the FNAS in the name of the respective social assistance funds of the states, municipalities and the Federal District.

Art. 22. While not applied for the purpose for which they are intended, the resources referred to in this Chapter must, obligatorily, be kept in financial investment, in accordance with Ordinance No. 113, of December 10, 2015, of the MDS, and the Income resulting from this application must be used in the programming itself.

CHAPTER IIIACQUISITION OF VEHICLES, EQUIPMENT AND PERMANENT MATERIALS

Art. 23. The acquisition of vehicles, equipment and permanent materials with resources transferred by the MDS must respect the standardization of the lists attached to this Ordinance.

§1 When dealing with vehicles, the provisions of Ordinance No. 2,600, of November 6, 2018, of the MDS must be observed.

§2 The lists referred to in the caput may be updated at any time by the MDS.

§3 In the case of programs and projects, the compatibility between their purpose and the vehicles, equipment and permanent materials to be acquired must be investigated.

Art. 24. The acquisition of vehicles, equipment and permanent materials must comply with specific legislation, even if for the benefit of social assistance entities or organizations.

Single paragraph. States, municipalities and the Federal District are entitled, upon authorization, to adhere to the MDS's current price registration minutes for the acquisition of vehicles and/or other equipment and permanent materials with their own resources or from other sources.

CHAPTER IVTHE AGENCY'S RESPONSIBILITIES Manager

Art. 25. The body Manager of the social assistance policy of the states, the Federal District and the municipalities must:

I – carry out accounting and asset registration of equipment and permanent materials acquired with transferred resources Bottom The Bottom; It is

II – control the allocation of permanent equipment and materials for the purposes set out in art. 4th, I, of Decree No. 7,788, of August 15, 2012.

Art. 26. Equipment and permanent materials acquired with resources from federal co-financing of SUAS must be destined to public units of the social assistance network of states, the Federal District and municipalities and linked to activities within the scope of each Program, Project or service financing block for at least five years, counting from acquisition.

§ 1 After the deadline established in the caput, the entity may allocate the permanent equipment and materials to another social assistance offer, as long as it is expressly authorized by the social assistance council.

§ 2 When offering the service, Program or Project ends before the expiry of the period established in the caput, the permanent equipment and materials may be used for another social assistance offer.

§ 3 Manager You will be released from complying with the deadline established in the caput if you return or compensate the acquisition value of the asset acquired with federal resources, duly updated, in accordance with the procedures established in the legislation that governs SUAS.

§ 4 Exceptionally, with prior approval from the respective social assistance councils, the states, the Federal District and the municipalities may, through their own instrument, assign the use of permanent equipment and materials to the social assistance entities that make up the social assistance network, which must be intended exclusively for the execution of social assistance services, programs or projects.

Art. 27. When the use of federal resources involves the acquisition of vehicles, the agency Manager of social assistance policy, in addition to observing the provisions of arts. 25 and 26, you must comply with the provisions of art. 9th of Ordinance No. 2,600, of November 6, 2018, of the MDS.

CHAPTER VDA ACCOUNTABILITY

Art. 28. Accountability of the resources dealt with in this Ordinance will be carried out through the Annual Synthetic Statement of Physical Financial Execution annually and separately by schedule, applying, where applicable, Ordinance No. 113, of December 10, 2015, of the MDS.

Art. 29. When reporting, managers will fill out a specific form containing a list of equipment and permanent materials acquired, through a computerized system made available by MDS.

§ 1 Permanent equipment and materials must be included in the Annual Synthetic Statement of Physical Financial Execution for a minimum period of five years or until the asset is unlinked in the event of § 3 of art. 26.

§ 2 When exercising social control, social assistance councils must verify the list of equipment and permanent materials acquired, observing the correlation between their location and the purpose of implementing social assistance offers.

Art. 30. In cases of investigation of improprieties or irregularities or of disapproval of Accountability, the disputed amounts must be returned to the FNAS duly updated.

Art. 31. The balances of resources calculated on December 31st of each year covered by this Ordinance may be reprogrammed for the following year if transferred as a temporary increase for direct execution by the entity, provided that the funds are ensured during the year in question. co-financed social assistance services from the corresponding block.

§ 1 the resources transferred as an increase for indirect execution by the entity may be executed by the partner entity until the end of the Partnership; It is

§2° the resources transferred for the purpose of structuring the network must be executed by the federated entities until the end of the second year following the year in which the transfer was carried out.

ORDINANCE No. 2,601, OF NOVEMBER 6, 2018

CHAPTER LIVES FINAL AND TRANSITIONAL PROVISIONS

Art. 32. General guidelines will be issued annually on the available programs and the MDS guidelines for the allocation of resources arising from parliamentary amendments in accordance with art. 6th.

Art. 33. For the 2018 financial year, budget execution will be carried out under Budgetary Actions 2B30 – Structuring the Basic Social Protection Services Network and 2B31 – Structuring the Special Protection Services Network.

Art. 34. SNAS may issue complementary normative acts necessary for the operationalization of the matter regulated in this Ordinance.

Art. 35. Ordinances Nos. 2,300 and 2,301, of June 8, 2018, are hereby revoked.

Art. 36. This Ordinance comes into force on the date of its publication.

ALBERTO BELTRAME

ANNEX VEHICLE STANDARDIZATION

ANNEX II LIST OF PERMANENT EQUIPMENT AND MATERIALS

ORDINANCE No. 2,601, OF NOVEMBER 6, 2018

ORDINANCE No. 2,601, OF NOVEMBER 6, 2018

This content does not replace that published in the certified version.