Brad Feld

Category: Government

I spent the previous 36 hours in Washington DC, primarily at the O’Reilly Gov 2.0 conference.  I did a ten minute speech on the Startup Visa and a ten minute interview about entrepreneurship, innovation, and the Startup Visa.  The conference was well attended – about 700 or so folks – and I enjoyed a number of the talks that I sat through.

Following are the two segments – first my keynote and then the interview.



Well, I’ve learned a lot about how a bill becomes a law on my journey to try to turn the Startup Visa idea into a law.  And yes – it’s a lot like how I learned about it on Schoolhouse Rock about 35 years ago.

It’s been a little less than a year since I wrote the post on 9/10/09 titled The Founders Visa Movement.  This evolved into the Startup Visa initiative, resulted in a bill in the House (HR 4259 sponsored by Polis (D-CO)) and a bill in the Senate (S. 3029 co-sponsored by Kerry (D-MA) and Lugar (R-IN)).  We’ve made steady progress building support and have numerous endorsements, including most recently the American Bar Association and the Silicon Valley Leadership Group.  In addition, the co-sponsors for the various bills are starting to appear: for example, Udall (D-CO) recently signed on to co-sponsor S. 3029, Jackson-Lee (D-TX), Owens (D-NY), and Wu (D-OR) have co-sponsored HR 4259.  I’m also aware of a few more that are about to announce.

In the mean time, I regularly get asked by readers of this blog and supporters of The Startup Visa “what can I do?”  At this point, it’s straightforward (but not necessarily easy) – get your Congressperson to sign on as a co-sponsor.  At the stage we are at, it’s apparently the most impactful thing we can do get our little bill friend in the Schoolhouse Rock video up off the steps and moving toward law.


I’m extremely excited that Senator Mark Udall (D-CO), the senior senator for Colorado, has signed on as a co-sponsor of The Startup Visa Act of 2010 that was originally proposed by Senators Kerry (D-MA) and Lugar (R-IN).  Senator Udall joins his Colorado colleague in the House, Jared Polis (D-CO), who has proposed Startup Visa legislation as part of his EB-5 reform bill.

In addition, our friends at SVB Financial (the parent of Silicon Valley Bank) have also formally endorsed the Startup Visa.  My partner Jason Mendelson wrote a post about a roundtable that Silicon Valley Bank hosted for members of “the new Democrat Coalition” which included Jared Polis.  Shortly after this meeting, SVB formally endorsed the Startup Visa.

I’m really proud that two of Colorado’s members of Congress are leading the charge on the Startup Visa.  I have deep respect for both Mark and Jared, their understanding of the importance of entrepreneurship, and their vision for innovation in our country.  I’m also grateful that SVB – which has been an integral part of the entrepreneurial activity throughout the US – for their support as well.

We are working on a few additional major announcements and endorsements in the next sixty days.  I’ve received a number of requests for ways to help.  At this point, if you are part of an organization that you think would be supportive of the Startup Visa, please drop me an email and let’s talk about ways to get a formal endorsement.


Over the past 24 months, a deplorable activity in the money management business came to light.  It got the name “pay to play” but was just another form of bribery.  The common description of pay to play is “the practice of making campaign contributions and related payments to elected officials in order to influence the awarding of lucrative contracts for the management of public pension plan assets and similar government investment accounts.”  Yup – sounds like bribery to me.

However, for some reason, the definition of this expanded to include any campaign contributions to any state or local officials, regardless of the size.  So, if I contribute $1,000 to the campaign of the Colorado state treasurer, I violate this SEC rule and become someone who is “paying to play.” Now, as someone who gets multiple calls and emails most days to contribute to campaigns as an election approaches, I can assure you that it has never occurred to me to support the campaign for a state treasurer. However, I do know that a candidate for state treasurer has called me asking for campaign contributions. And I’ve politely declined.

After studying the implications of this ruling, I’ve decided it prohibits me and my spouse (Amy) from making any campaign contributions to state or local races anywhere in the country.  The NVCA has also studied the new SEC rule and has come to the same conclusion:

“This ruling is consistent with guidance the NVCA has been providing members.  It is now even more important to have a firm-wide policy against political contributions to these officials / candidates. This restriction does NOT include political contributions to candidates running for federal office (U.S. House of Representatives, U.S. Senate, U.S. President) nor does it include contributions to the NVCA PAC, which only gives to federal candidates.”

We’ve instituted this rule at Foundry Group, although it’s upsetting and offensive to me because I think it fundamentally violates my First Amendment rights. To err on the side of caution, we’ve determined that spouses cannot make state or local political contributions either.  This infuriates Amy, as it should.

It’s even more upsetting when you consider that there is no cap on political contributions that corporations can make.  The Supreme Court ruled on this in January stating that the government has no business regulating political speech.  So, on one hand we have corporations who can give any amount to any candidate running for office while on the other hand my wife can’t contribute $1,000 to someone running for governor of Colorado.

Now, don’t misunderstand me – I think pay to play is grotesque.  And Amy and I are huge advocates of campaign finance reform.  However, the core problem of pay to play is bribery, not the active support of state and local candidates for office by individual citizens.  They are totally different things and should be able to be easily and cleanly differentiated, without the government regulating my political speech.


I just got the following breaking news alert from The New York Times.

“U.S. Economy Adds 290,000 Jobs in April; Jobless Rate Rises to 9.9%”

Let’s parse this.  The first clause says “U.S. Economy Adds 290,000 Jobs in April.”  This means to me that a bunch of people found new jobs in April.  A bunch.  Yay!  Good economy.

The second clause says “Jobless Rate Rises to 9.9%.”  This means to me that the number of people in the U.S. that don’t have jobs went up in April.”  A quick search showed that the March “jobless rate” (actually the unemployment rate) was 9.7%.  That’s a big relative jump, especially given that it was 9.7% for the first three months of 2010 according to the Bureau of Labor Statistics Economic News Release titled Employment Situation Summary that came out a few minutes ago.  Boo!  Bad economy.

How could this be?  The simple explanation is mid-way through the WSJ article titled U.S. Added 290,000 Jobs in April which appeared about six minutes after the NYT article:

“The two numbers are calculated by the Bureau of Labor Statistics in different ways. The payroll figure is taken from a survey of employers, while the jobless rate is calculated using a household survey.”

I just read through the BLS report and looked at a few of the tables.  Yes, there’s a ton of data here.  However, it breaks all kinds of rules about how to present data to reach a conclusion.  Our friends at the BLS need to hire Edward Tufte to get some help with their data presentation skills.

There are now two stories based on two completely calculations munged together into one sound bite.  The explanation will likely turn into “more people are looking for jobs now.”  But why is the denominator shifting around?  Weren’t those people already jobless (unemployed), even though they weren’t looking for jobs?  Oh – wait, if we include the people not looking for jobs in the historical unemployment calculation, the unemployment rate goes up, maybe by a lot.  Eek – wouldn’t that be more scary.

It’s a simple game the government is playing with the numbers.  Occasionally I’ll run into a company that does this – usually around revenue vs. gross margin dynamics, or bookings vs. revenue, or GAAP accounting vs. actual cash flows (where what really matters is cash flows.)  Picking the better number vs. dealing with reality is disingenuous at best; presenting them in conflicting ways that obscure the message is bullshit.

Oh – and 20 minutes later the newest NYT Breaking News Alert is now “Four-Month Rise Strengthens U.S. Job Outlook.” 


In March, I went to DC with Dave McClure, Eric Ries, Shervin Pishevar, and a bunch of Geeks on a Plane to discuss, advocate, and support the Startup Visa initiative.  As part of the effort, we did two videos about the trip – one staring me and one staring Shervin. Ben Henretig of Micro-Documentaries produced them – they have some striking images of DC along with plenty of commentary from me and Shervin about why the Startup Visa is important.

Eric Ries has a few other thoughts about the trip and things you can do to help the Startup Visa initiative.


While everyone is talking about health care, let’s not forget our friend the Startup Visa.  Two good articles appeared this morning.

Also, if you missed Thomas Friedman’s awesome OpEd this weekend titled America’s Real Dream Team – I encourage you to go take a look.



If you support the Startup Visa and have a blog or a website, put the Startup Visa Twitter Widget up on your site.

And – on March 2nd at 12 noon Pacific / 3 pm Eastern – we are going to do a Tweet Hall for the Startup Visa.  All you need to do is tweet @2gov supporting #startupvisa exactly at Noon Pacific on Tuesday March 2nd.  We’ll collect your Tweets and deliver them during our visit to the White House on March 4th.