Provisional Measure No. 163, 23 January 2004

Original Language Title: Medida Provisória nº 163, de 23 de Janeiro de 2004

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PROVISIONAL MEASURE NO. 163, OF January 23, 2004.

Altera to Law No. 10,683 of May 28, 2003, which provides on the organization of the Presidency of the Republic and of the Ministries, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Art. 1º The Law No. 10,683 of May 28, 2003, passes the invigoration with the following amendments:

" Art. 1º The Presidency of the Republic is constituted, essentially, by the Civil House, by the General Secretariat, the Secretary for Communication of Government and Strategic Management, by the Bureau of Political Coordination and Institutional Affairs, by the Cabinet Personnel and by the Office of Institutional Security.

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" Art. 2º To the Civil House of the Presidency of the Republic shall compete directly and immediately to the President of the Republic in the performance of his assignments, especially in the coordination and integration of the Government's actions, in the prior verification of the constitutionality and legality of the presidential acts, in the analysis of merit, timeliness and compatibility of the proposals, inclusive of the subjects in tramway in the National Congress, with the governmental guidelines, as well, in the evaluation and monitoring of governmental action and the management of the organs and entities of the federal public administration, as well as promoting the publication and preservation of the official acts and overseeing and executing the administrative activities of the Presidency of the Republic and, surly, of the Vice Presidency of the Republic, having as a basic structure the Deliberative Council of the Amazon Protection System, the Higher Council of the Cinema, the National Archive, the National Press, the Cabinet, three Secretaries, being an Executive, an Internal Control body and up to three Subchefias.

Single paragraph. It is also incumbent upon the Civil House to exercise the coordination and management of organizational systems and administrative modernization, formulate policies and guidelines for modernization of the state and management concerning human resources, to the organization of careers and to remuneration, the sizing of the labor force, the empowerment, development and performance evaluation of the servers of the direct, municipal and the federal public administration, and thus supervise its application. " (NR)

" Art. 2º-A. The Secretary for Political Coordination and Institutional Affairs of the Presidency of the Republic shall compete directly and immediately to the President of the Republic in the performance of his assignments, especially in the political coordination of the Government, in the conduct of the Government's relationship with the National Congress and the political parties and in the interlocalization with the states, the Federal District and the Municipalities, having as the basic structure the Cabinet and up to two Subchefias. " (NR)

" Art. 25. ...........................................................................

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II-from Social Development and Combat to Hunger;

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Single Paragraph Are State Ministers the holders of the Ministries, the Head of the Civil House, the Head of the Security Cabinet Institutional, the Head of the Office of the Communication of Government and Strategic Management, the Head of the General Secretariat of the Presidency of the Republic, the Head of the Secretariat for Political Coordination and Institutional Affairs of the Presidency of the Republic, the Advocate General of the Union and the Minister of State for Control and Transparency. " (NR)

" Art. 27. ...........................................................................

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II-Ministry of Social Development and Combat at Hunger:

a) national social development policy;

b) national food and nutritional security policy;

c) national social assistance policy;

d) national citizenship income policy;

e) articulation with the federal, state, federal and municipal governments and civil society in the establishment of guidelines for national development policies social, food and nutritional security, citizenship and social assistance income;

f) articulation between the policies and programs of the federal, state, federal and municipal governments and the actions of society civil development linked to social development, food production, food and nutrition, citizenship income and social assistance;

g) guidance, monitoring, evaluation and supervision of plans, programmes and relative projects to the areas of social development, food and nutritional security, of citizenship income and social assistance;

h) standardization, orientation, supervision and evaluation of the implementation of social development policies, security food and nutritional, citizenship and social assistance income;

i) Management of the National Social Assistance Fund;

j) coordination, supervision, control and evaluation of the operationalization of programs of transfer of income;

l) approval of the general budgets of the Social Service of Industry-SESI, the Social Service of Trade-SESC and the Social Service of Transport-SEST; and

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XVII-...........................................................................

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g) coordination and management of the federal planning and budget systems, civil personnel and administration of information resources and informatics and general services;

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" Art. 29. ...........................................................................

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II-of the Ministry of Social Development and Combat to the Famine the National Council for Social Assistance, the Council for the Articulation of Social Programs, the Gestor Council of the Bolsa Família Program, and up to five Secretaries;

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§ 4º To the Council of Articulation of Social Programs, chaired by the Minister of State for Social Development and Combat to the Hunger and composed in the form established in regulation by the Executive Power, it competes to propose mechanisms of articulation and integration of social programs and follow up with its implementation.

........................................................................... " (NR)

Art. 2º It is created the Secretariat of Political Coordination and Institutional Affairs of the Presidency of the Republic.

Art. 3º Are transformed:

I-the Ministry of Social Care in Ministry of Social Development and Combating Hunger;

II-the Interministerial Manager Council of the Bolsa Família Program, Presidency of the Republic, in Gestor Council of the Program Bolsa Família, from the Ministry of Social Development and Combat to Famine.

Art. 4º Are transferred the competences:

I-from the Office of the Minister of State Extraordinary of Food Safety and Combating Hunger, relating to the formulation and coordination of the implementation of the National Food and Nutritional Security Policy, to the articulation of civil society participation in the establishment of Policy Guidelines National Food and Nutritional Security, promotion of the articulation between the policies and programs of the federal, state and municipal governments and civil society actions linked to food production, food and nutrition, and the establishment of guidelines, supervision and monitoring of the implementation of programs under the National Food and Nutritional Security Policy, for the Ministry of Social Development and Combat to the Famine;

II-of the Civil House of the Presidency of the Republic, concerning the political coordination of the Government, the relationship with the National Congress, the interlocalization with the States, the Federal District and the Municipalities and the Political Parties, for the Registry of Policy Coordination and Institutional Affairs of the Presidency of the Republic;

III-of the Ministry of Planning, Budget and Management, concerning the coordination and management of organizational systems and modernization administrative, policy and guidelines for modernization of the state and management concerning human resources, the organization of careers and remuneration, the sizing of the workforce, the empowerment, the development and the evaluation of performance of the servers of the direct, local, municipal administration and the founders, for the Civil House of the Presidency of the Republic;

IV-of the Executive Secretariat of the Interministerial Manager of the Exchange Program Family, from the Presidency of the Republic, to the Ministry of Social Development and Combat to the Famine.

Art. 5º Are transferred:

I-the Subhoria of Parliamentary Affairs and the Subbosia of Federative Affairs of the Civil House of the Presidency of the Republic for the Secretariat of Political Coordination and Institutional Affairs of the Presidency of the Republic;

II-the Office of the Ministry of Management of the Ministry of the Planning, Budget and Management, for the Civil House of the Presidency of the Republic.

Art. 6º Ficam extinct:

I-the Office of the Minister of State Extraordinary of Food Security and Combat to the Famine;

II-the Council of the Community Solidarian Programme and the Executive Secretariat of the Community Solidary Programme, of the Office of the Minister of State Extraordinary Food Safety and Combat to the Famine;

III-the Executive Secretariat of the Interministerial Manager Council of the Bolsa Família Program, of the Presidency of the Republic.

Art. 7º It is created the post of the Chief Minister of the Secretariat of Political Coordination and Institutional Affairs of the Presidency of the Republic.

Art. 8º It is set up a post of special nature of Subchief, in the Civil House of the Presidency of the Republic, with the remuneration set by the single paragraph of the art. 39 of Law No. 10,683, of 2003.

Art. 9º It becomes transformed the post of Minister of State for Social Assistance in Minister of State for Social Development and Combat to the Famine.

Art. 10. They become extinct the posts of Minister of State Extraordinary of Food Security and Combat to Hunger and Executive Secretary of the Cabinet Office of the Minister of State Extraordinary of Food Safety and Combat to the Famine.

Art. 11. They are created, for immediate care of the needs of the organs and entities of the federal public administration and of the remaining bodies created or transformed by this Interim Measure, the following posts in committee of the Group-Direction and Advising Superiors and the following Gratified Functions-FG:

I-twelve DAS-6;

II-seventy DAS-5;

III-two hundred and eighty DAS-4;

IV- two hundred and sixty DAS-3;

V-four hundred and eighty DAS-2;

VI-two hundred and twenty DAS-1;

VII-thousand, one hundred and seventy-five FG-1;

VIII-two hundred FG-2; and

IX-hundred FG-3.

Art. 12. Paragraph 1º (c) of the inciso III of § 1º of the art. 1º of Law No. 10,470 of June 25, 2002, passes the invigoration with the following essay:

" c) 65% (sixty-five percent) of the remuneration of Cargos in Special Nature Commission, of the DAS Group, levels 4, 5 and 6 and of the CD, levels 1, 2, 3 and 4. " (NR)

Art. 13. The patrimonial of the extinguished organs, transformed, transferred, incorporated or dismembered by this Interim Measure shall be transferred to the Ministries, organs and entities that have absorbed the corresponding competences.

Single paragraph. The framework of effective servers of the organs of which it treats this article will be transferred to the Ministries and bodies that have absorbed the corresponding competences.

Art. 14. It is the Executive Power authorized to redeploy, transpose, transfer or use the budgetary allocations approved in the 2004 Budget Law in favour of the extinct, processed, transferred, incorporated or dismembered organs by this Measure Provisional, maintained the same functional classification-programmatic, expressed by programming category at its lowest level, as defined in the art. 4º, § 2º, of Law No. 10,707, of July 30, 2003, inclusive of securities, descriptors, goals and objectives, as well as the respective breakdown by budget sphere, expense groups, resource sources, application modalities and identifiers of use.

Art. 15. They are transferred to the organs that have received the relevant assignments and to their holders the competencies and incumbencies set out in general or specific laws to the processed organs, transferred or extinguished by this Interim Measure, or the its holders.

Art. 16. The Executive Power shall have, in decree, in the regimental structure of the Ministries, of the essential organs, of the direct and immediate advising bodies to the President of the Republic, Special Secretaries of the Presidency of the Republic and of the Control-General of the Union on the competences and attributions, denomination of the units and specification of the posts.

Art. 17. The Executive Power shall have on the organization, reorganization, denomination of posts and functions and functioning of the organs and entities of the direct, municipal and the Federal public administration, upon approval or processing of the regimental structures.

Art. 18. Until the regimental structures of the essential organs and advising of the Presidency of the Republic, the Special Secretaries of the Presidency of the Republic and the Ministries are approved, the structures, competences, the assignments, the denomination of the units and the specification of the respective posts, beholstered on December 31, 2003, observed the amendments made by this Interim Measlant.

Single paragraph. The positions in committee members of the structure of the organs of which they treat the incisos II and III of the art. 6th stay remanded to the Ministry of Social Development and Combat to Hunger.

Art. 19. The expenses arising from the provisions of this Provisional Measure will run into the account of the budgetary allocations laid down in the Union Budget.

Art. 20. This Interim Measure shall come into force on the date of its publication.

Art. 21. The art is revoked. 26, the point "l" of the inciso XVII of the art. 27 and the art. 37 of Law No. 10,683, of May 28, 2003.

Brasilia, January 23, 2004; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Guido Mantega

José Dirceu de Oliveira