bill: so paul ryan going at it right now back and forth. we'll get back in the hearing in a moment. see you a bit later this afternoon. martha: "happening now" starts right now. jenna: let's take you to the committee hearing. house ways and means committee talking to the administrator of medicare & medicaid services. let's take a listen what paul ryan has to say. >> are we really verifying at the front end whether a person is he will babble for these subsidies or not? here is why it is matter. if they're not he will babble for the subsidy, once we reconcile the records, they get tacked money back off the refund. this is what i mean by rude awakenings. people are signing found for insurance, getting tax credit subsidies funded by taxpayers. irs already telling us they're confused about how to do this you're not telling us whether or not you're proactively determining whether say under 26-year-old is actually eligible

for the subsidies you're trying to sell them, and the problem is, once we learn whether or not they were eligible and if they weren't, people in booed faith will be signing up for subsidies they're not actually eligible for. >> i think you're asking a different question which is, are we doing 100% income verification? >> and subsequent eligibility verification. >> yes, part of the question in the application process are you dependent on your parents? are you dependent on your parents's tax plan? that is part of the question that goes on. if so we move them in this direction. but more importantly, part of what you're asking is the income verification which is done in 100% of the cases. >> i'm not asking about income verification. >> okay. >> i'm asking about if a person signs up, were they offered credible employer insurance, because the employer mandate has been delayed, you don't have that verification tool, so you had to come up with a new verification tool to determine their he will ability for subsidies. because if a person is offered

insurance at their job. >> right. >> meets your definition of credible insurance they can't get obamacare subsidies. >> that's correct. >> if a person is 25 years old and they go on the website and say their income is x and that is eligible for subsidy, they can get that subsidy. if they're eligible to be on the parents plan they're not elgible for the subsidy. >> that's right. >> the question is are you filtering that? here is the problem, if you get this wrong you have to take that money back in their tax refund. tax refunds matter. people plan lives around tax refunds. plan spring break for kids. >> i understand that. >> plan car payments and bills and what people in this country don't yet know which you if you get this wrong you already acknowledged you're not doing it right they will get the tax refun taken away from them because they signed up for an subsidy which they are not epgable for which they didn't know. >> if you're on the site, this is part of clear instructions for folks under age 2, including the fact you're basically completing this application

under penalty of perjury. very clear. there is also help instructions on each site to explain each process what is credible employer coverage. what happens if you're under 26. all available on website. >> if they get it wrong, they're ones who getted taxed? >> time expired. mr. lewis. >> thank you very much, mr. chairman. thank you, madam administrator for being here. thank you for all your hard work -- jenna: marilyn tavenner is the administrator of medicare and medicaid, why that matters, why she matters, why she is being questioned today, this is the agency overseeing operation of the, changes, something we talked a lot about. is the rollout of these exchanges, website issues. a big story for us today as well. this hearing has been happening for the last hour. we expect it to continue. we'll dip in and out of it throughout the coverage today on "happening now." streaming live on foxnews.com.

jon: so that key testimony continues on capitol hill where lawmakers are looking into the problems of the launch of obamacare, meanwhile we're learning about president obama's repeated pledge that americans could keep their health insurance if they liked it was not necessarily true. welcome to "happening now." i'm jon scott. >> hi, everybody, i'm jenna lee. it turns out the obama administration has known the president's vow was untrue since 2010 even as the president continued to repeat the misleading claim over and over and over again. jon: as it turns out millions of americans with individual policies are finding they can not keep their current plan despite the president's promises. four sources deeply involved in the affordable care act tell nbc news, 50 to 75% of the 14 million consumers who buy their insurance individually can expect to receive a cancellation letter or the equivalent over the next year. well the white house has a response to that. they say the consumers who are getting notices are in plans

that do not provide all these protections but in the vast majority of cases those same insurers will automatically shift their enrollees to a plan that provides new consumer protections and for nearly half of individual market enrollees, discounts through premium tax credits. but you never heard the president say that. this morning the house ways and means committee is examining all the significant ongoing problems with the rollout of the affordable care act the head of the agency responsible for settings up the health caremarkket seat on the hot seat today. you just heard from her. she has been repeatedly unable to answer key questions about the number of people signing up so far. >> we will not have those numbers available till mid-november. we'll have the numbers available in november. we'll have those numbers available mid-november. we will get those numbers in mid-november. chairman camp we'll have those numbers available mid-november. we will also have that information available mid-november as well. >> meanwhile even staunch supporters of the president like

senator elizabeth warren of massachusetts are criticizing the obamacare rollout. she still says obamacare is a good product but quote, getting people in is crucial. i know that is why it is so deeply upsetting that the government just dropped the ball on getting the website launched. talk about it with a.b. stoddard, associate editor and columnist at "the hill." if this were private industry and you were rolling out some big, fantastic new product, and it was taking you six weeks to figure out even how many people are enrolling, well, that wouldn't fly very well in the private marketplace, ab. >> no i think a lot of people would be fired and it would be deemed a failure but at this point i don't think it really matters if hhs secretary kathleen sebellius is fired as people are calling for because it is not even really a problem with the website. at some point they will fix the website and that, all the troubles with the website deter

enrollment and early enrollment by the consumers the program needs, low-risk young and healthy, is required to keep costs down. so if we only have six people getting through 18 hours on website to purchase coverage all our costs go up. but now niece actually all along the administration wasn't even being truthful what this law would do. changes were made at the regulation level, changes that probably didn't even involve kathleen sebellius. none of this matters. the program is going to collapse under the weight of a lack of enrollees and costs are going to spike. it will no longer be affordable. now people who were insured through this program, who this program wait a minute even for are finding out that the administration wasn't truthful what it would do. why would they belief anything the administration said this point going forward. jon: the president said this time and time again if you like your health care plan you can keep it. turns out they're finding as much as 67% of the people who

had individual health plans will lose them under this system. that is 2/3. >> some of these people newmontly costs are boeing up between 200 and 400%. not 200 to $400 this is really terrifying. what it will do economically is going to have an immediate, impact. anyone forced to go on to more expensive program. more out-of-pocket costs that will be a damp to consumer demand. then at the same time, as i said, who's in the pool, if you don't have enough people that are actually going to join the pool and not just embrace the penalty fee, you have a pool full of people that costs the insurance companies too much money. how does that affect us? all our prices go up or the government will bail out insurance companies. jon: there is talk of calling for kathleen sebellius's resignation but a lot of indications are on the hill that the president would be, well, foolish, i guess to ask for that

because it would bring up all kind of hearings, you know, to replace her. there would have to be senate hearings. it would open this whole barn door again for all the mistakes that have been made to this point. >> i mean obviously politically they want to do whatever they can to avoid that. don't want to pick a person through the confirmation process. don't want her to take the fall when it might not even have been her fault but really look at the fact they're in this hole. does firing kathleen sebellius get us out of here any sooner? does it fix the website? does it help people who were self-insured and like packages and keep their doctor? it doesn't do any of that. the problem is the genie you is out of the bottle, that promised people with coverage that have no coverage you can't take it away. at this point how can be fixed? is it delay, website fix, combination of both? how have when they haven't been telling people the truth can they fix the problems? democrats can not continue to defend this.

jon: they will have to answer for this report that buried in the government documents from july 2010 are estimate that is 2/3 of people who have individual policies are going to lose them under obamacare and have to go to some other system. a.b. stoddard from "the hill." >> thank you. >> the health care is certainly one big story. the other big story today is the nsa scandal that continues as well. critics are asking now, does the president know what's going on? this is following the revelation that america's commander-in-chief was out of the loop when it came to spying on world leaders. this is just the latest episode at some point too where the president claims he was unaware of certain actions taken within his administration. wendell goler is live at the white house with more on this story. wendell, how does the white house answer the question whether the president was out of the loop? >> reporter: well, jenna the folks here say the president's critics are suggesting he was blindsided by things that really should be below his radar, how much testing the obamacare

website underwent before it was launched but the extent of the nsa spy something a little bit more difficult for them to shrug off. the president said to stop tracking german chancellor merkel's phone conversations soon after learning about it but he didn't know about it until nsa leaker edward snowden revealed the u.s. was spying on other allies including leaders of mexico and brazil. the president says just because the nation's spy agencies are able to listen in on phone conversations doesn't necessarily mean they should. >> we give them policy direction but what we've seen over the last several years is their capacities continue to develop and expand and that's why i'm initiating now a review to make sure what they're able to do doesn't necessarily mean what they should be doing. >> reporter: the state department says the nsa spying disclosures have raised what they call a spokeswoman called significant challenges in some of these country's most important relationships and

partnerships. brazil's president canceled a state visit over the snooping. jenna? jenna: worth pointing out editorial pages for conserve-leaning, liberal-leaning writers taken issue with this. some president's critics calling him the bystander president. why is that? >> reporter: the republican national committee strung together a group of problems that seemed to he catch mr. obama's unawares, from the irs requiring extra information from conservative groups applying for tax-exempt status to the requests for additional security for the u.s. consulate in benghazi, libya, and the fas and furious gun-walking. oklahoma senator tom coburn said you can add the obamacare website not being ready for prime time. he asks who knew and didn't tell the president. >> who was responsible? what one individual was responsible for putting this together, or saying timeout, we're not ready? and kathleen sebellius says, maybe she's not. well who is that person?

>> reporter: hhs secretary sebelius likely to be asked the same question when she testifies before a house committee tomorrow. jenna. jenna: that will certainly be big news as well. wendell, thank you. jon: we have an update on a little boy struck by a hit-and-run driver on his 7th birthday. we'll tell you how he is doing and more about the search for the driver of this truck coming up. and one year ago today one of the worst storms in u.s. history slams into the northeast coast. now many residents are still struggling to rebuild. coming up, how an unlikely trio is helping one community get back up on its feet. 0

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jon: right now a little boy struck by a hit and run driver on his 7th birthday is back home. the horrific incident caught on surveillance video in dallas on saturday. now police are trying to find that driver.

arthel neville, live in our new york newsroom with more. arthel? >> hi, jon. the little boy's name is lorenzu cantu. he was struck by a pickup truck running out from behind a parked car while his mother was preparing the birthday party inside. he missed that party after being rushed to the hospital but he is back home now and he has some trouble walking because his toes were run over but good news, there are no broken bones. just bumps and bruises. lorenzo pictured there says he wants police to catch the bad guy. >> i don't know what to say. i hope they get arrested. >> you want to see when you got hit? you got video? >> yeah. >> hey, it is your birthday. >> not right now, lorenzo. >> such a little boy. lorenzo celebrated his birthday a few days later compete with pizza and cake. meanwhile surveillance video shows what appears to be a white for pickup truck, with four doors, oh, back fender flares

and reinforced bumper on the front. that video is disturbing. looks like a ladder rack runs the length of the truck. pulling a flatbed trailer with plywood is carried in. victoria can't few, lorenzo's mother describes the frightening accident. listen. >> seeing him laying on the floor and not getting up, it hurt me so bad. scary, scary thought ever. i'm glad he is here. >> now police are still trying to find the driver of that pickup truck but so far there are no suspects in this hit-and-run. and jon, grateful the little boy is still alive. jon: lucky he is alive but you would think that truck would be pretty easy to find? >> we gave such a descriptive of the truck. jon: that will help a lot. arthel neville, thank you very much. >> sure. jenna: one year ago, superstorm sandy ravaged the east coast t was one of the worst natural disasters in united states history. today still many homeowners are

struggling to rebuild but in one jersey shore community one unlikely trio is making a big difference. rick leventhal is live in union beach, new jersey live with that. rick? >> reporter: good morning, jenna. sandy destroyed a bar that stood here on the bay for a decade. it was devastating for the owner, gigi oar. she found strength to unlikely pair, a rabbi and pastor who walked into her new temporary bar down the road. she owns off the bay, a bar in union, beach, new jersey. >> jacobob is off the bay because it is in the bay. >> reporter: superstorm sandy destroyed her waterfront restaurant. she can't afford to rebuild because her $1.2 million insurance policy from lloyds of london offered just 9 grand. >> you know, things happen for a reason, and i've said repeatedly maybe this was god hitting reset

button. >> reporter: gigi opened a temporary spot, using doors from smashed homes as tables and walls. the bar became a command center for relief goods. >> trying to find volunteers to come to town. finding people to donate money. finding people to donate supplies. whatever the needs are in town we're trying to find it. >> reporter: enter first unlikely visitor, a local pass star. >> i likely say gigi and i wouldn't have been friends if it weren't for this storm. i wouldn't have been a regular at jake abob's. >> reporter: they passed on million of dollars worth of supplies and caught attention to a rabbi from jerusalem who went to the bar to helpgiegie rebuild. >> we build up gigi she will build up the entire town. >> reporter: the rabbi is trying to raise $10,000 but gigi admits it is nowhere near enough. >> i don't know where i will be next year. i hope we're driving pilings up the road and back into business

and we're good and serving cold drinks on tiki bar and shrimp cocktail is going out real good. i don't know. i don't know. >> reporter: gigi says she and many other storm victims had a lot more hope a month after the storm than they do now. she is a fighter. she says she is not giving up. jenna? jenna: what a story, rick, thank you very much. >> well a crazy scene at beijing tee enman's square when an suv plows right into a crowd. why china thinks this was no accident but could be an attack. and the mistress named gypsy back on the stand in the utah doctor's murder trial. what she might say that could hurt the defense case. our legal panel weighs in coming up.

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jon: breaking news on stories we're watching around the world. china suspect as car crash at beijing's tianamen square which an suv plowed into pedestrians killing five people was actually a suicide attempt. sources say beijing police are searching for two members of the china's muslim community for questioning. hurricane-force winds battering europe from great britain to the netherlands killing more than a dozen people so far, cutting power for thousands and forcing the cancellation of hundreds of flights. the captain of the ill-fated costa concordia back in court hearing testimony for a second day. witnesses describe the chaos on the night the giant cruise liner sank. 32 people died after the costa concordia capsized after striking rocks off the italian coast two years ago. jenna: in the sensational bathtub murder trial out of utah

a prominent doctor hounding his wife to get a face-lift and allegedly administering a powerful cocktail of drugs. what led to her death, that is what the prosecution said in this date. martha maccallum -- martin mcneil's mistress, gypsy, and a about a dozen text messages she and the doctor exchanged on the day his wife died. lis wiehl, fox news legal analyst. doug burns, criminal defense attorney. both our guests. live happening right now in utah. the date of the wife's death and the date of the wife's funeral are important. there is gypsy on the stand, lis. >> right. jenna: gypsy says and what we've learned is that the date of the wife's funeral was used as her wedding date. >> exactly. jenna: in forged document that is the doctor used later on. that is one part that is going to come up in the testimony. does that prove though that he murdered his wife? >> well it certainly adds to the mix, doesn't it?

the fact that she is creating a forged document, a marriage document on the day of the funeral says not just cold heart edness on the heart of mcneil but that this was planned and premeditated. the other part you just mentioned, there were 30 texts, jenna, 30 texts going back and forth between them on the day of funeral. not just cold-heartedness but premeditation of murder. jenna: doug, her name is gyp sir, can't make that up. the name of the mistress is gyp system every time i say it like really, that is her name. >> that's true. jenna: gypsy is testifying under a deal with the prosecution because of that previous fraud case. >> yes. jenna: so as a defense attorney, what do you do with that? she is made a deal with the prosecution. does that lessen impact what she has to say? >> gives you a good opportunity to work with something. not as though she is a witness with nothing they can cross-examine on. isn't it true that you went into this bargain in order to help yourself and that type of rhetoric which is done all the

time with any type of witness that entered into a deal with prosecutors. back to what you had said earlier, jenna, the main piano cord for lack of a better term in this case they ruled this death to be a natural death. as defense counsel you have to continually stress that over and over but lis is 100% right. when you look at little minutia and put it together it would make it a hard case. >> i don't see minutia. i see brick by brick in circumstantialal case. jenna: in that case, another witness is testifying. her name is not gypsy but anna. she says there was a time with dr. mcneil where the doctor told her how to administer heart-stopping drugs that go undetected. how much of an impact will that be. >> big impact. mistress with him in o 200 a. maybe she is dumped and woman scorned and all that. doug would bring that out on defense. the point, how bizarre is that, here is how to administer

medications to stop the heart and that is exactly what happened with this poor woman. jenna: that is what the prosecution alleges. two years later though, doug, when this woman ended up dieing. >> right. jenna: still you have the medical examiners, three reports, one for the defense and two independently for the state still say it wasn't drug that is killed her. it was something else. heart failure and natural causes. >> the defense playbook on this and any defense lawyer will tell you this, you turn around and say look, ladies and gentlemen, if they could come in and clearly prove exactly how he killed her they could do that since they can't they bring in all this extraneous stuff and work off the theme. >> he is a doctor. he knows how to administer these drugs to stop her heart. yes, her heart stopped. that is why sheied. why because did the heart stop? because of drugs administered. were only administered because the doctor kept pushing and pushing getting facelift. even the facelift doctor said this is too much. he kept pushing. why? because he wanted drugs to administer. jenna: doug, beyond a reasonable doubt, do we that so far?

we have weeks left. >> there is kernel there originally, vis-a-vis the facelift operation jenna and lis, she may have been depressed. i would work on that. the point it is hard technically, lis will jump all over him, hard to technically she didn't ingest the drugs. you don't know. >> she couldn't, remember. she was blinded from the facelift. she couldn't see, she was taking drugs she was giving her. >> i don't know that part. jenna: we didn't know that either. we'll have lis to come back and gypsy. >> no, not gypsy. jenna: doug and lis, great to have you both. we'll continue to watch the case. appreciate. >> my pleasure. jon: there is a new warning about the state of america's national parks. why one lawmaker says congress is harming our national treasures. hold on to your pocketbooks. why milk, could soon cost, get this, twice as much as gasoline.

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jenna: well, right now a look what is still to come this hour. it certainly does a body good but could leave your wallet in a boatload of pain. new information that milk price cost reach up to $8 a gallon. why the price hike? we'll explain it to you in a moment. two down, two to go. police in oklahoma nabbed two of four prisoners that made a jailbreak. latest on that. one orthopedic surgeon is warning about swaddling your infant and what it could do when

they're developing. could it be dangerous? the doctor is here to explain. jon: just in, one law maker is raising serious concerns about the government's wasteful spending and the impact it is having on our national park. republican senator tome coburn says america's treasures are paying the price for shortsighted policy decisions out of washington, d.c. doug mckelway live in the d.c. bureau with that. we remember, doug, the government shutdown some people accused the parks service of spending more money to shut down open-air monument than 2 would have taken in to keep them open? >> reporter: that's right, jon. that process was pretty much a microcosm had in the parks service priorities. what senator rand paul about the park service inned midst of the shut down about the park service. >> could we not end the farce putting security guards in front of the world war ii memorial? my goodness, this is a open park. they spent more money closing it

than we spend keeping it open. we spend more money guarding the world war ii monument than we do protecting our ambassador in libya. it is become a farce. >> reporter: well now, a new report released by senator tom coburn literally just within the past few minutes catalogs more park service dysfunction. the report finds that the park service is spending millions of dollars to buy thousands of acres new federal land the public will never get to visit. the park service plans to spend $30 million over five years to plan for 100th anniversary. among wasteful examples of park service spending, $17.3 million for heritage programs car show in michigan, wine tasting train in ohio. $15 million to improve concert venues wolf trap site in suburban, virginia, a venue that makes more than 30 million in revenue every year. the report found that the park service spent $7,341,000 to hunt for stains on the st. louis

gateway arch. none of the money went to clean up the stains. >> the congress continues to add, quote, parks that are not significant in terms of national interest in a declining budget. what we have is our most treasured resources, the big parks, with the deferred maintenance backlogs in excess of $2 billion. >> reporter: coburn says politicians would rather take credit for a new ribbon-cutting ceremony for example, in their district, rather than taking out the trash, fixing a broken railing or filling a pothole in a national park. jon? jon: having grown up out west i am a big, big fan of the national parks. is this report going to play into the budget talk that is are scheduled? >> coburn is releasing the report just a day before house and senate conferees are set to begin negotiations. he told me candidly a few minutes ago, that his report will do nothing to affect budget negotiations that will alert the

american people to congress's misplaced priorities. jon? jon: $30 million for a birth stay celebration. seems like they could do something better with the money. doug mckelway in washington. thank you. >> reporter: yeah. jenna: $8 for a gallon of milk? it could soon happen if congress doesn't pass a new farm bill. lawmakers are at odds over the legislation because it includes food stamp as well as farm subsidies. phil flynn, senior market analyst, fox business contributor on the floor of the cme. phil, just last week we were talking about gas prices being around $3 a gallon towards the end of the year. why could we seedollars a gallon of milk? >> because they will take away the subsidy as this fight over food stamps doesn't happen. i don't think people realize, since 1994 we put over $5 billion in subsidies in dairy products such as milk. if they're taken away the price of milk could very easily double. jenna, you wouldn't believe this, if you look at cost of

milk right now, if the cost of milk is below $16 in boston for a milk contract, the government writes a check to every milk farmer, dairy farmer in the country, to make up for the difference. if it is below that number they get a check. if it is above that number they don't get any check. bottom line, if you look at back end of the milk futures right now we're below that area right now. without that check the farmers will have to double their prices. we may see a big cut in production as well. a lot of people will not pay $8 a gallon for a gallon of milk. jenna: rll expensive, phil. what would happen if the government just went out of the market totally? is that even a possibility? >> well, it's probably not a possibility because of the emotional aspect tied to the milk. hey, you're taking milk out of the mouths of babies, how can you do that? some people would say, hey, it might be good for america to get off the milk because it does add calories and that other kind of thing but that's a debate for

another day. i think it will be like the budget battle. it will be down to the last minute. it will be like the fiscal cliff. i think they're going to bail out the farm subsidies. i think they will get that done because nobody wants to be responsible for taking a glass of milk out of a baby's mouth. that is how it will be sold to america. jenna: that certainly does have to play politically. as we mentioned in the introduction this is really a debate over food stamps. farm subsidies are inside that. that is part of what is holding it up there is reality for families, if that is coming, that's a possibility, what can we do about it? not like you can go with your gas can, gas prices are going up and keep that. you can't keep milk for that long. so are american families basically out of luck and totally up to the politicians? >> they basically are going to be out of luck unless they want to pay $8 a gallon. what will probably happen, we'll see demand destruction at those levels. we'll see people who don't absolutely need milk, flip o some other kind of a drink.

then prices will come back down but, at least the initial shock of babies and young people actually need that milk, they're going to be paying for the roof right now. now there is a possibility they could come to some type of a separate subsidy for the milk and try to separate it from the food stamp bill but the way things are going in washington, doesn't seem like anybody really wants to get along on this one. but if you remember, this is not the first time we talked about this. if you remember during the budget battle at the beginning of the year, the fiscal cliff, milk was on the table. we bought a little bit of time until this next debate over food stamps. now if this one goes awry, i could very easily see the market going $8 very easily and very quickly. jenna: very interesting. we don't want to forget the farmers part of this equation. not just folks that consume the product. phil, great to have you. thanks for breaking that down. >> thank you. jon: right now detectives are investigating a possible homicide after human remains

were found at two locations 25 miles apart. and investigators believe they could be from the same person. plus a new warning about a century's old tradition. some doctors now are sounding the alarm on swaddling your babies just as the practices comes back into fashion for a whole lot of moms and decades. -- dads. i'm only in my 60's.

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remember, all medicare supplement insurance plans help cover what medicare doesn't pay. and could save you in out-of-pocket medical costs. call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now -- and down the road. i have a lifetime of experience. so i know how important that is. jon: gruesome discovery on the west coast. body parts believed to be from the same woman discovered at two water treatment plants near los angeles. will carr is live in l.a. so authorities are thinking that they might belong to one person, will? >> reporter: that's right, jon. gruesome is exactly correct with this. right now the medical examiner is trying to figure out if these body parts relate to the same body but authorities do believe that the parts do belong to that body and what they think happened possibly, they think

somebody actually took this body, shoved it down a manhole cover when it was all in one piece. it got down into the sewer lines and was dismembered when it went through heavy machinery in those lines. was yesterday morning when crews were checking a plug in one of those lines when they found a woman's torso. they believe that discovery is linked to other body parts, a pelvis and legs found at another wastewater treatment plant on saturday. keep in mind these two plants are more than 20 miles away from each other but they are connected to the same sewer lines. because it is very suspicious they're treating this as a homicide now, jon. jon: so have they found everything that was part of her body? >> reporter: not yet. they're still looking for her arm. they also tell us that they hope to find her head somewhere close to the torso. they're hoping to find the head today. if there is any good positive news with this, authorities do say that drinking water in l.a. county is not affected by any of this. also they say this isn't the

first time that a body's been found in this sewage system. they say the logic is, that a lot of the sewage ends up in the sea. if this body had not been found, not clogged up the system yesterday, it may have never been found, jon. jon: wow, what a story. will carr in los angeles thank you. jenna: well two down, two still at large after a daring prison escape right out of the movies. we'll tell you about that. what investigators are saying for the hunt for two remaining fugitives after their fellow escapees were caught. a potentially new eye-opening study on concussions when it comes to football and players. what parents need to know coming up next. ♪ ho ho ho [ female announcer ] at 100 calories, not all food choices add up. some are giant. some not so giant.

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jenna: well right now, two of four oklahoma prisoners who escaped from jail by crawling through the plumbing system has been caught. two others are on the loose. arthel is live in the newsroom with more on this. >> hey, jenna. it started in the shower room in the caddo county sheriff's office. they captured, ray three irons and prime brown monday night. they were caught after visiting the 'frisco stop convenience store in chick a saw, oklahoma. they were wet and dirty spotted walking towards the store. the employee said the men seemed nice. they bought roman noodles. asked if they do lotto there and left. the cops were outside of the 'frisco stop. according to the same employee, when they saw the police, one of the guys stood still and dropped stuff on the ground. caddo county sheriff said three irons, brown, both escaped with two other prisoners, anthony

james mendonca, 24, and triston cheadle who is 32. they broke out of the caddo county detention center saturday climbing through a trap door above the shower. it took them into the pipe chase. the pipe chase door emptied prisoners into an area not part of the detention center. sheriff kaine said, quote, all they they had to do was push the door and walk out because it is not in the jail. anthony james mendonca, triston cheadle, they're still at large. jenn? jenna: what an escape. arthel, thank you. >> you're welcome. jon: well the doctor is in with the results of a new medical study that says no matter what brand of helmet you wear, your head can get hurt, talking about high school football here especially. researchers in wisconsin tracked more than 1300 high school football players from 36 different schools last season. 13% of those players said they had a sports related concussion the season before. in 2012, an additional 116

concussions were sustained by 115 players. dr. marc siegel is with the fox news medical a-team. he is a professor of medicine at nyu langone medical center. the result of all this, despite the claims of helmet manufacturers, there was no appreciable difference in the protection afforded by those helmets. >> jon, i am not surprised. when you think about it it is a whole cultural problem. we teach our high schoolers to lower their head and charge ahead. they're using their role models, the nfl, trying to be like them. the parents are out there, fathers are worst, rooting them on. when you think about it, why would a helmet prevent that kind of concussion from occuring? i mean the helmet is getting hit. the forces are then transmitted to the brain. the brain is very, very sensitive to this kind of physics, this kind of force. once the brain shakes, that is what a concution is, by the way, the brain literally physically shaking, once it shakes you get symptoms like headaches, gnash

shaw. not thinking clearly. does the coach allow you to be on the sidelines long enough? the next concussion could occur with the same helmet very easily. jon: some have liquid jell padding. some of them have air inflatable padding. no difference apparently. no real help. >> because the problem is that you think that lowering your head, because my head is covered, because i have a helmet somehow that is safe. may cut down on knee injuries and shoulders injuries but increases head injuries. it is a very dangerous sport. we talked previously on the show, jon, about the risks of dementia and brain injuries with people with prolonged problems with concussions. it's a big issue. jon: i played high school football and i liked it. i'm glad i didn't go beyond high school. >> you are absolutely clearly very smart and have had no residual impact. >> we'll see how it goes as i get older, doctor, thank you. there is new research that says swaddling could be harmful to your baby's long-term health.

a british surgeon warns the century's old practices tightly wrapping your baby's arms and extending the leg's out can damage a baby's hips. there was speculation, doctor, when prince george came home from the hospital he had been swaddled. that is part of what raised this topic. what is the problem. >> that is also why swaddling is becomeing a big, big rage in the u.k. right now because of prince george. there is actually no evidence that prince george really was swaddled. by swaddling we mean taking retaining blanket and restricting movement in the lower ex-trims and legs of a baby to simulate the womb. evidence is it calms the baby down. baby thinks he or she is back in the womb. there was speculation that swaddling could cause too much heat and stunt as baby's growth. they have i that is a myth. what isn't a myth and is disturbing by restricting a the legs you're could cause problems

in the hips later on. i'm not a fan of this practice. i'm not a fan. jon: the bones are very soft. hips can get damaged and lead to things like hip -- >> deformities, absolutely right. i don't want to scare anyone there. i don't think a majority of case that is would be an issue. it speaks to something. when a baby is growing, let the baby grow. jon: i remember when our kids came home from the hospital they were telling us to wrap the arms up and didn't take fingernails or gouge their skin or poke themselves in the eye. >> they do that in the first few days after birth. that is temporary measure. that is something you can do for a couple days. swaddling is something mothers tend to do for a long period of time. i'm not endorsing it. jon: no swaddling out there, ladys. >> watch prince george but don't swaddle. jon: doctor, good to see you. >> thank you. jenna: a frightening new report from the cdc even perfectly healthy children are at risk of dieing from complications of the flu. we'll take a look at that. also another black eye for

the obamacare after the administration is forced to extend the sign-up period. senator marco rubio says it is not enough. he joins us live coming up next hour.

jenna: big developments on our top stories and breaking news this hour. jon: we're live on capitol hill where the woman in charge of the obamacare website just apologized to you, the american people. this as the white house confirms a six week extension for folks to sign up or face penalty but some lawmakers are saying that's not enough time. also this mysterious four story barge is now floating in the san francisco bay. it looks like google may be behind the thing. what in the world is the search giant up to here? plus the centers for disease control with very alarming news about antiobiotics. why they will soon be completely powerless to fight super bugs. it's all "happening now."

well, the troubled obamacare website is back under the microscope on capitol hill. it has been pretty intense. hello, i'm jon scott. jenna: it's great to see you today and we're live at the house hearing as lawmakers continue to grill the director in charge of setting up the online insurance exchanges. and she had a message for the american people. >> we know that consumers are eager to purchase this coverage and to the millions of americans who have attempted to use health care.gov to shop and enroll in health care coverage, i want to apologize to you that the website has not worked as well as it should. we know how desperately you need affordable coverage. i want to assure you that health care.gov can and will be if i canned and we're working around the clock to deliver the shopping experience you deserve. jenna: what are the exact enrollment numbers so far? lawmakers are trying to get to the bottom of that, too.

>> the memo estimated that 494,620 people would sign up for health insurance under the program by october 31. we're obviously very near that date. have you met that estimate? >> we will not have those numbers available until mid november. >> so do you not know? do you not have any idea how many people have enrolled or -- >> folks are still in the process of enrolling in the state based exchanges and the federal exchanges and we will have those numbers available mid november. jenna: the message for all his colleagues about how to move forward on the issue of obamacare. >> we have to come together some kind of way to see what's best for america. now, you may not like this program and it certainly has been disappointing as a start, but what i want to see more from this committee is how can we improve and get quality health

care for all americans. this has to be a part of the goal that all of you have. jenna: we're keeping an eye on the hearing. it's still going on. it's been two hours so far. there's still a lot to get to. as we'll go throughout the program, we'll dip in and out and bring our viewers that. >> i said this once or twice but it bears repeating. if you like your current insurance, you will keep your current insurance. no government takeover, nobody is changing what you've got if you're happy with it. if you like your doctor, you will be able to keep your doctor. jon: you probably recall that's what the president promised in 2010 but at that very same time, the white house reportedly knew that millions of folks would end up losing their health coverage under obamacare. the white house has an explanation for that saying,

quote, one of the main goals of the law is to ensure that people have insurance they can rely on that doesn't discriminate or charge more based on preexisting conditions. the consumers who are getting notices are in plans that do not provide all these protections but in the vast majority of cases, those same insurers will automatically shift their enrollees to a plan that provides new consumer protection. all this comes amid new questions about what the president knew about another major news story, the n.s.a. surveillance of foreign leaders. president was asked about that last night. >> people wonder, how is it you didn't know about the cell phones being looked at or listened to and why you didn't know it, who should have told snu >> first of all, i'm not confirming a bunch of assumptions that have been made in the press but what i have said is that the national security operations generally have one purpose and that is to

make sure that the american people are safe and that i'm making good decisions and i'm the final user of all the intelligence that they gather. jon: and it's not just what the president knew or didn't know about the rollout of the health care exchanges and the n.s.a. surveillance. dana millbank writing in today's "the washington post," obama had allegedly known nothing about an f.b.i. investigation of an affair involving david petraeus that led him to resign as c.i.a. director and questions about obama's ignorance of guns on the border sting operation called fast and furious that went awry. unawareness for diplomatic surveillance in libya before benghazi was attacked. joining us is editor at large at national review online and a fox news contributor. dana millbank described it as the eyes wide shut presidency. is that the way you see it?

>> pretty much. we're now in the phase where everyone is asking, what didn't the president know and when didn't he know it? he is on spectrum of issues basically acting as if he's a bystander to his own presidency. it's a fascinating irony here. for years ronald reagan was denounced and criticized and so was george w. bush to a certain extent as sort of a caretaker president whose extremist and out of control staff was running with no one at the wheel, that reagan was an amiable dunce being manipulated by his staff and that was all unfair and flanderrous for the most part but here is barack obama taking that story line as if it's a defense of his actions, that he's simply out to lunch when all of these important things are happening. jon: so why isn't he getting hammered by either, you know, the u.s. senate, the congress or the media? >> well, you know, there's only so much room on the anvil for

hammering at this point and between obamacare and the n.s.a. scandal and all of that, it's a pretty crowded field. i mean, the "new york times" has gone after him pretty hard on his excuses about the n.s.a. wiretapping stuff of mercel and others. i think it even called it pathetic. you can just tell that the passion isn't there and it never has been there from the mainstream media to go after obama for his hypocrisies or his deceits about almost anything. jon: we talked about this a little yesterday when he came out and told the world that osama bin laden laid had been killed, maybe earlier than some of his military planners would have liked to have know, everything was i. i did this, i called for that but when some of these other less successful programs hit the fan, it's somebody else's fault. >> yeah. and it could be some serious blowback on thisment a lot of observers have been waiting for the c.i.a. to say enough is enough. historically in washington, the

c.s.a. assesses its prerogatives. now they're saying obama wasn't informed about all of this and "the washington post" today you have leaks from intelligence sources saying these facts were in his daily briefing. so either obama didn't read them or he's lying. and he's basically setting up this image of the president, essentially a figurehead or a president in a parliamentary democracy that takes part in ribbon cuttings and takes part in the good things but no actual involvement in running the government. jon: the white house response is you might lose the health care plan that the president promised you could keep but that's okay because you're going to get a better one. that's not what he promised. >> it's not what he promised. it's flatly the opposite of what he said. he said over and over again, often straight to the camera and made it sound as if you were a fool or a racist if you believe that somehow you might lose your

health care plan when, in fact, it was obvious to anybody who read the bill or anybody who actually followed the debate knew that lots of people had to by definition, by the letter of the law lose their health care plan. and he got away with saying it over and over and over again and now -- and he said those lies in order to get it passed because if he told the truth, it wouldn't have passed and now that it's passed, everyone is saying, starting with the white house, what's the big deal? of course that wasn't totally true. you know, he just had to say those things. jon: and the white house apparently knew it three years ago, 2010. we could talk for hours about this. we'll have you back another time and finish the conversation. >> thank you, sir. jenna: last week we had the senior republican on the house committee on our show calling for new accountability from the administration over the obamacare website rollout but when asked specifically about whether health and human services secretary should step down, he had this to say. do you think secretary sebelius

should be fired? >> well, that's up to the president. i think he should make that decision. jenna: but now a change. today senator alexander taking a much tougher stance on the issue. here he is on the senate floor. >> mr. president, at some point there has to be accountability. expecting this secretary to be able to fix what she hasn't been able to fix during the last 3 1/2 years is unrealistic. it's throwing good money after bad. it's time for her to resign, someone else to take charge. jenna: we're seeing a transition there. it's also important to note that senator alexander is running for re-election next year and obamacare is certain to be a key issue. the worst case scenario right now moving right into millions upon millions of people and this could cause extensive, catastrophic damage. i'm not just standing here making this stuff up. i want people to really pay attention to this because again, this could be worst case

scenario. jenna: that was janice dean, the first meteorologist to predict the monster storm that hurricane sandy would turn out to be and she made the call right here on "happening now." just five days before the storm made landfall exactly one year ago today. that's how much notice we had. bringing with it, she had torrential flooding and hurricane force winds. you've seen the damage, you've seen the footage. what was it about sandy that made it so dangerous? why has this year's hurricane season been so tame? we don't want to jinx anything. here now is meteorologist janice dean. >> can you believe it was a year ago today that we were talking about super storm sandy? and i wish that i could take the credit for it but the computer modelling was just incredible. we knew about a week out that this storm had the potential to be a disaster across millions of people, a heavily populated area and the angle of the storm was really the key to why this was such a damaging system.

so as we take a look at the satellite radar imagery going back a year ago, you can see where the storm made landfall and it was really -- it was a couple of things. it was the angle of the storm because you had long island sound and new york harbor so all of that water just funneled into this heavily populated area. we were 15 minutes away from high tide so we saw a storm surge of 13 to 15 feet. and of course, millions of people live in the area. it changed the landscape of new jersey. so this was a storm for the record books in a lot of cases and it was also a transitioning storm. it went from a tropical system to an extratropical system so the span, the width of the storm was massive. so here's a time line. we saw sandy form in the caribbean. it crossed over cuba as a major hurricane, category three. that's when the computer models all started to come together and five days out, we were looking

at this and going, oh, my gosh. this could be a worst case scenario. we got a little slack for that going five days out and saying, hey, you need to watch this if you live anywhere across the megalopolis. i wanted people prepared than not be prepared at all. as we look at the category one frequency, this could happen within the next 10 to 15 years again. so people need to take note of the storm and plan ahead for the possibility of another hurricane sandy in the next decade or so. we have been below average in terms of hurricanes but that's not to say that we should let our guard down because we still could see tropical development within the next several weeks. i think it is quiet, it will remain quiet but i don't want people to let their guard down because we are into an active period in terms of tropical development the next several years of the -- years.

learn from the storm itself and always be prepared. jenna: good advice. thank you. jon: and good job on the warnings from a year ago, j.d. a stunning new medical warning for parents. coming up, why doctors are claiming that even perfectly healthy kids can die from flu complications. what you should do to protect your family. that's coming up next. plus google reportedly has been working on this high tech barge in san francisco bay for months. but that's not all. the company reportedly has permits for similar structures or vessels or whatever you want to call them in other cities as well. what is google up to? the high tech theory that could affect your computer coming up. [ sneezes, coughs ]

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jon: happening now, google is raising lots of questions in san

francisco with this mysterious barge floating in the bay loaded with shipping containers or so it would appear, stacked four stories high. some say the search giant is really building an apple-store like marketing center for google glass and others say it's a floating backup data center in the event of a natural disaster. lawyer sen -- lauren is here with us. glue google owns that garbage. it is a four story high vessel, windowless and it's about the length of a football field so you can't miss it. it's currently off treasure island, a former navy base in the san francisco bay. it's more because the director of permits for the bay says google has been very vague about what this barge is being used for. and he won't give the search giant a permit until he has answers. >> the question is, is it a water only purpose? we don't know what the purpose of this vessel is. and so we don't know if this

vessel's purpose is truly maritime related or whether it's not maritime related. and so that has to be discovered as part of the permit process as well. >> we do know that google has been working on the barge for months and there may be a second, even a third barge, one 27 miles way in maine and one possibly in connecticut. some reports say google's secret plan is to use the vessel as a sort of floating retail store or as a marketing base for its google glass project. that's the wearable computer that looks like a pair of eyeglasses. they'll retail pretty soon. other ideas are floating around here, too. sea net is reporting the barge could be a maritime data center, something google actually filed a patent for years ago. if that's the case, it would be a backup hub in the center of a natural disaster. it would use the water for cooling servers and the waves for energy. we don't b. we reached to google for answers. they didn't respond to our

request. until we get more, google's super, super project remains docked off the san francisco bay. a for innovation, a for thinking outside the bobbing. this could be really cool when we do know what it is. jon: it doesn't get more basic than a barge with a shipping container on it and yet tied to a high tech company. >> four stories high. i know. jenna: it's weird that officials don't know anything about it, either. we're going to stay on this story. in the meantime, shock and outrage over what this judge did for a man just moments after she sentenced him for murder. we're live with that story. plus even the white house now calling for a delay of sorts in the individual mandate because of all the obamacare website problems. does it go far enough? marco rubio introducing legislation on the matter. he joins us live moment from now. a can of del monte green beans? ♪

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jon: you think politics is boring? get a load of this. a heated exchange between representative from new jersey and republican tim griffin from arkansas. listen. >> what are you going to do about the approximately 17 million children with preexisting conditions who can no longere denied health insurance coverage? do you want to go back? do you want to say you are no longer covered any longer? you're going to tell the parents of those kids? which one of you is going to stand up and tell the parents of those children the game is over, sorry, that was just a phase. >> i would just tell you that -- right here. you asked a question. i'm going to answer it. it's a false choice to say it's obamacare or nothing. there are numerous proposals including the one that i'm a cosponsor of. >> i yield back the time, sir.

let me take the time back. are you serious, what you just said? are you really serious? after what we have gone through in the last 3 1/2 years, you can sit there and say that you had a legitimate alternative after these years? we've gone through 44 votes, 48 votes now of you trying to dismantle the legislation. you call that cooperation? i don't. i don't call that cooperation. >> gentleman's time has expired. jenna: they stayed in their chairs, sort of, at least. is that our democracy at work? i'll leave that question up to you but obviously a lot of emotions about the health care law and the rollout. white house confirming it will allow a six week extension for folks to sign up for health care coverage or face penalties.

a group of senators, including more than half a dozen democrats apparently think that doesn't go far enough. that's giving momentum to a proposed bill that calls for the individual mandate to be delayed at least six months after the health care.gov website becomes fully functional. a lot to talk about with senator marco rubio. nice to have you back on the program. >> thanks for having me back. jenna: a lot to talk about. let's start with the first report. the president has told us repeatedly if we are an american who buys our own insurance, buys our own business and provides our own insurance for our families that we would be able to keep that insurance. now we're learning, according to reports, that the administration knew that for the majority of those americans, that would not be true. this is while the president is saying this to the american public. what's your reaction to that? >> well, this is by design. they always knew that and the reason why is they wanted to destroy the individual marketplace and then to force a growing number of americans to

exchanges or other obamacare mandated plan. that was always their design. they knew that from the beginning. when they went and told people if you have insurance now you're happy with and not going to lose it, they knew that was not true. it was misleading but also by design and in fact, we're now trying to -- >> starting to see the design of the plan to move them into insurance plans. as a result, people have less choices now about the kind of health coverage they want to buy. jenna: democrats are saying, we're hearing about this in the hearing today, the house ways and means committee, they're saying that you need to get on board. that part of the reason why this rollout is not being effective is because republicans are not joining in. what do you say to democrats who say that you're part of the problem? >> first of all, if you start to look at the problems happening already and there are many more to come, this is just the tip of the iceberg. as obamacare transitions from being a theory to reality in

people's real life, you'll hear more and more stories like this. whether it's a coverage they're happy with and now told you can't have that coverage anymore, you have to buy something else that costs more money, we can't do that. the same with the website. the website -- the reason why the website is failing has nothing to do with republicans. it's the fact that the government was not competent enough to set it up in time and the bill i'm calling for is based on common sense and reality. and that is this. it is unfair to tell people, you're going to punish them if they don't buy health insurance when the website they're supposed to buy it on doesn't work. so all i'm saying is -- i want to repeal obamacare but at a minimum what i'm saying is let's not punish anybody for not buying health insurance until the website is working. jenna: so there's a couple of directions to go here. one is the fact that the american public is told one thing and we're learning maybe what we were told is not true. how do you hold the people

accountable for that, the ones that made the promises to us? >> that's what's happening right now. i think every day when more and more of these reports come out, it becomes apparent to people that obamacare that was passed and obamacare that they're going to live under are two different things. you know, one thing is to tell people we're going to pass this bill that will help you get health insurance cheaper. if you don't have health insurance, you can get one that's affordable. if you can't pay for anything, it will give you health insurance that's free. if you're happy with your health insurance, you can keep it. that's how obamacare was sold and campaigned on. another thing is what obamacare actually is and what people are now experiencing. jenna: let me ask you about that. new legislation you're introducing has to do with the website in part to say, you know, let's push out the individual mandate until we're sure this website is functional but we're seeing side effects as well. a huge expansion in medicaid which is in part something we were told is going to happen but questions about price control as well. you say you want to repeal obamacare. we've heard that from medical

republicans. what are we doing with many issues as had he start to roll out? what's the plan? >> i think we need to address those as well. on the medicaid expansion side, that's difficult to fix. it's one of the reasons why obamacare will have to ultima ultimately be replaced and repealed. you can't fix that. the design was to push a growing number of people onto medicaid programs across the country, moving more and more people into a single payer type environment. as far as holding down reimbursement rates, that was also part of the design. again, what they're hong to do at some point is force more and more people into the types of plans that they want and increase them into government plans as well. this was a design -- all of these things that are happening were not accident. they're happening as part of the overall design of obamacare that the administration and proponents of the law have been less than forthcoming about. jenna: feinstein expects the white house to announce we will no longer spy on allies.

just a quick response from you. are you on board with that? >> i think we should always review our intelligence programs because we have limited resources and they should be geared toward the most useful places. that being said, i do think some outrage by some leaders is designed to appease a domestic audience. the reality is if i travel abroad with my cell phone, i expect and can expect foreign intelligence services will try to monitor them. they do to so create knowledge about the way policy makers make decisions and so forth. so i think some of that stuff is a little bit overblown on their part but we should always review our intelligence programs and make sure they're not abused and make sure they're used in the most effective ways. jenna: always great to have you on the program. we always cover a loft ground and we appreciate it. thank you. much more on the big story coming up in a moment

jon: a stunning new report from the centers for disease control now claiming that even perfectly healthy children are dying from flu complications. let's talk about it with a board certified e.r. physician and l.s.u. shreveport adjunct assistant professor. you always hear the warnings that the elderly and the very young should get the flu shots because they're the most susceptible but there are 7-year-old, 8-year-old children who die and were otherwise healthy. >> it was a little alarming. the c.d.c. came out with a study

where they looked over the last few years and i think if you remember back to the h 1 n 1 when it first hit the scene in 2009, a lot of children were dying of that flu. and i think it's this concept that as you get older, you get exposed to the flu reshuffles every yearment that's why we get a vaccine but little parts of it are preserved and i think as you get older, you get exposure and that's why it's so important for anyone six months and older to get the flu shot. jon: we're not talking about just a handful. 830 children across the country died from flu related compliks over the last several years. most had not received the flu shot. >> right. and it's always the complication. you get pneumonia after you have the flu. that's what is so serious. on the years -- i think the important caveat is the years that even the flu vaccine is not a great match for that flu, if

you get the flu or get sick, you will not get as severe of an illness. you will not get the complications that can become fatal. jon: obviously antiobiotics not effective against a virus like the flu but there are also concerns out from the c.d.c. about antiobiotics and there's a warning from the associate director who said for a long time, there have been newspaper stories and covers of may go zones that talk about the end of antiobiotics, question mark. now i would say you can change the title to the end of antiobiotics period. he's talking about the fact they're no longer effective, apparently, against some of the super bugs out there. >> it is a problem that we see today. i mean, we used to only see the mrsa infections in the hospital. now we're seeing them in the community. there's a colon disease that you can get. we only used to see that in the hospital. now we're seeing people in the

community. and then in the hospital are the really, really serious super bugs. so it is a frightening concept and i think the most important take-home message for people today, like you said, if you have a flu or a cold, don't come in. tough it out with sniffles unless you're seriously ill, having trouble breathing, things like that. and don't demand antiobiotics and i think as doctors, we have to not give in to people and say, look. you don't have a bacterial infection. you don't need antiobiotics. jon: overprescribing them, a big part of the reason for them according to the c. d.c. thank you. jenna: now back to one of our big stories today. lawmakers from both sides of the aisle calling for big changes to the n.s.a. spy programs. intelligence committees in both the house and senate are holding hearings today which could possibly lead to the biggest changes in decades. we'll wait and watch for that. chief intelligence correspondent

is live in washington with more. >> thank you. as the president is ordering a top down review of the n.s.a. programs, specific until light of the surveillance on u.s. allies, the nation owes most senior intelligence officials who oversee the n.s.a. program will be grilled on capitol hill and a short time ago, the speaker of the house saying that change is inevitable. >> we've got obl gags to the american people to keep them safe. we have obligations to our allies around the world. but having said that, we've got to find the right balance here. and clearly, we're imbalanced as we stand here. >> before the house intelligence committee this afternoon, the chief james clapper, up there on the left, told the senate committee march 12 that the n.s.a. was not collecting data on americans. the head of the n.s.a. once claimed to fox news that the n.s.a. was not holding the data of american citizens which was also misleading as well as the

seniors deputies from the n.s.a. and the justice department. one of the proposals gaining support is taking the phone records of americans and getting the phone companies to hold that data rather than the n.s.a. and when the government has a hint, they can ask the phone companies for relevant numbers. >> it should be sufficient to go to the telephone companies when we have reasonable numbers connected with a plot and find out who those numbers have been in contact with. technologically conclude be done that way. the n.s.a. director has acknowledged it can be done that way. >> a proposed legislation from senators who is often described as an architect of the patriot act, the aclu says the bill amounts to real reform. quote, the secret report would still be able to issue subpoenas but they would be limited to collecting things that directly retain to a terrorist, his associates or his activities and a piece of legislation that

analysts say may have a good chance of moving forward because it is bipartisan and it incorporates language proposed by seven different lawmakers. jenna: much more on this story as we get it. thank you. jon: some major fireworks on capitol hill as lawmakers grill the head of the agency in charge of the failed obamacare website rollout. also reaction from the white house. much more to come just ahead. jon: also millions of people affected by hurricane sandy made landfall a year ago, forever changing the lives of millions on the east coast. now, couches and cars can be replaced. coming up, we're going to introduce you to a woman who is working to get priceless family momentos back in the right hands. ugh! actually progresso's soup has pretty bold flavor. i love bold flavors! i'd love it if you'd open the chute!

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jenna: we're marking a year today since hurricane sandy hit and that storm ravaged the east

coast in new jersey, claiming lives and causing millions and millions of dollars in damage. now one sandy survivor is working to save the memories of storm victims, collecting more than 20,000 photos so far and is working to return them to their owners. janette is joining me live on the phone. we appreciate the time and appreciate your story even more. you and your family were affected by hurricane sandy. how are things today? >> we're making progress. we're still fighting with the insurance company to get reimbursed for flood, for the flood insurance. they undercut by quite a bit of money to help rebuild so it's my job to help my parents fight the insurance company to get enough money to rebuild. jenna: we actually are showing photos of your parents' house. you lost your home, seven of your relatives also lost their home and your parents, this was their home that they've had for

decades. so i'm sure that's been a really tough time. >> it's been rough. my parents are residing with my brother. they've been staying with my brother the last year. i'm displaced down to south palms river with my niece who took me in so we've been split apart this year and i come into union beach -- i try to come in four or five times a week but it's difficult. jenna: so tell me a little bit about how you started collecting photos. while all of this is happening, your family is going through so much, you decide to collect some photos that you see scattered along the streets of where you used to live. just tell us about how you got started doing that and what you've been doing with the photos. >> it started -- i was driving around town to see how far we could get and checking on friends and relatives to make sure if they needed anything. we had stopped at my brother's

friend billy's house and while he went to talk to billy, i got out of the car to stretch my legs and i was looking around. oh, look at this. he's lost some photos from his house. i'll pick them up. he comes out and he's like, they're not my photos. well, then whose are they? my brother looked and he said that's the lady that owns the t-shirt place on union avenue. okay. we'll get that back to her. at least we can have a starting point. wait. these aren't your photos. i picked up any photo that i could find at that point around his property and we had gone over to -- back to my parents' house and my niece allie came running out and said i found a picture of one of your kids. i was like, let me see. since my house was damaged, i assumed like some of my photos had gotten out. i looked at the photo and i said, honey, that's not my photo. she goes, but i have a bunch of them. i know how important your kids owe photos are to you.

we have to find her mom. i said, okay. come over to the car. i opened up my car. look what else i found. that's how it started. jenna: so here you have 60 binders filled with photos you've put at the local library so people can look lieu them and also on facebook as well. i only have a minute but what's been the reaction from some people that you've been able to give them back some of their family photos? >> it's the one thing that they can reclaim. many of the families that have lost their photos lost their entire homes. so to get anything back from their past is amazing so they're just overwhelmed. a lot of times they're not picking up the photos because it's such an overwhelming situation. they know i'm not going to get rid of their photos until they come back to claim them but they're just beyond words of how upset they are to know that something is waiting for them. jenna: we were inspired by your story, learned about it on fox

news.com who has a great story. if you would like to learn more about you, your facebook page and everything else. we wish you and your family the best of luck and thank you for all the good work our doing for so many. >> thank you. you have a good day. jenna: thank you. jon: good for them. lots of folks, plenty angry after this judge sentences a convicted killer to life and moments later the judge performs his wedding ceremony for real. the whole crazy story next. and bloopers from a galaxy far, far away from one of the most iconic movies of all time. where they were found plus how you can see them.

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jon: new outrage over a san diego judge who performed a wedding ceremony for a convicted killer minutes after sentencing him to a lifetime in prison. the family of the murder victim now demanding a public apology. we have to story. >> jon accident a life sentence and a wedding cake minutes after sentencing the convicted killer to life, the judge reportedly rushed the family of the murder victim out of the courtroom because apparently there was another pressing item on her docket, a wedding ceremony. she performed the ceremony on september 17. this is just minutes after sentencing him to life in the

murder -- in prison for the murder of kevin santos that happened in 2003. he maintains the killing was in self defense and is planning to appeal. santos' family attended that hearing but had no idea the wedding was about to take place. also the newlyweds were served a cake actually baked by the judge herself. the attorney for the attorney/groom, listen. >> she went in the back and she came back out and apparently had made cake for the two of them. smart little things can have a big impact down the road. >> so in a letter to the court, santos' family demanded that the judge publicly apologize and quote, explain and justify her decision. the judge has declined to comment and do not ask me the flavor of the cake. i have no idea. jon: sounds like we have not heard the end of this controversy. >> no. jon: thanks.

>> you're welcome. jenna: on a lighter note, when you have to fly somewhere, it's nice to travel with your best friend. a travel log on their maiden air voyage. we'll give you the details next.

all right one of the producers saw this photoon my

facebook page and wanted to know more of winston the wonder dovmth we adopted him three months ago. he had never flown before. we were in a twin engine plane carrying me and winston and other people. and so how did winston do? is he seat belted on? >> yes, he has the harness on and he was about to take off and was chill. he is a better flyer than you are. >> probably true. 100 percent. he was totally calm and in love with his owner. you have the photowhere they are gassing at each other. not that one. it is sweet but where they are looking at each other. it is a good buddy and partner in crime. >> he is a good flyer and he was very good in the plane.

>> i will take some notes. i want winston to visit us in the studio one of those days. >> maybe one of these days. he is a good addition to the fam. thank you for joining us. >> thank you for joining us. bill and ally are next. fox news alert. welcome to hq. i am bill hemmer. >> doing well. great to see you. i am alisyn camerota. the medicare chief telling the house she is 0 for the glitches but believes that the system is working. mike emmanuel is on the hill. give us the headline. >> reporter: four weeks after health care.goff web site out a senior administration official expressed regret. >> i want to apologize to you that the web site has not worked as well as