though. ranning away every time the rescuers got close. eventually all three hoisted to safety. >> they are free. . on our broadcast tonight, coming home, as fallen soldiers return to american soil, washington still can't put partisan politics aside to get these families the benefits they were promised. so in the midst of this government shut down, a charity steps in. a warning about how hard this could hit mortgages, savings and retirement and making a difference. the extraordinary families who have decided that making kids happy is the best way to remember the children lost in an american tragedy. also the president introduces to the nation the woman who most be the most powerful in the world. nightly news begins now.

from nbc news world headquarters in new york, this is nbc nightly news with brian williams. good evening. this government shutdown is now in its ninth day. and after our report last night, the death benefits have been cut off for the military families of americans killed in action overseas. both sides politically vowed to fix it. a lot of lawmakers went in front of microphones and talked about how denorable this was. today the solution they've come up with is a charity, a well-known, well respected charity for vets and their families called the fisher house foundation. they will step in and do what the government is supposed to do. this was hammered out as the bodies of the fallen arrived back at dover air force base today. we begin with andrea mitchell. she's with us tonight from dover. good evening.

>> reporter: good evening. the denial of benefits was so outrageous and caused such an outcry that the white house was scrambling for a fix. the agreement came after the families had already traveled to the air force base. flown home from afghan, received in silence, punk waited only by the rhythmic footsteps of the honor guard. killed sunday during a combat mission, they represent an honor roll of sacrifice. 24 year old private first class, james cody patterson from oregon. at his high school back home -- >> coty was just awesome. he was super funny and had a great attitude. very compassionate and positive.

>> reporter: but family friends were angry about the benefit freeze. >> the family not being able to receive the benefit that they are supposed to receive because they are on shutdown blows my mind. >> reporter: three others arriving, army ranger haw-h, an joseph peters from springfield, missouri. and an american legion post, veterans were furious. >> they died. they fought for their country. their widows and children should get the benefits. >> reporter: so ken fisher stepped in to pay the benefit, after seeing our report yesterday. >> they're grieving. they've suffered enough. why on earth should they have to

worry about where their next dollar is coming from? >> reporter: while in belleville, illinois, jefferson's restaurant posted a message on facebook offering to donate 100% of their profits today to the families of the fallen. tonight president obama told wrc -- >> when i heard about this story, i told the department of defense, within our administrative powers, we should be able to get that fixed. >> reporter: and to be clear, this fix is to let a private charity step in and fulfill a commitment that the government made and right now won't keep. while some pentagon leaders are relieved, many top uniformed leaders are disgusted that the world's greatest military is being bailed out by a private charity. >> thank you. in congress, in washington,

it was the politics of this death benefit and the broader shutdown that played out today. largely an exercise in damage control, nbc's kelly o'donnell covering for us. >> reporter: it's congress's job to fix this mistake. and passing a law would do that. but nothing was simple today. with that private group stepping in, that took the political pressure off. when the government reopens, it will be reimbursed when the pentagon has the money. and because that charity acted, it essentially gave the senate a chance to do nothing to solve the problem. >> this is an unnecessary shutdown. how dare we not provide these grieving families with the necessary support in their time of need. >> reporter: today every house democrat and every house republican voted for the benefits. but what seemed like a quick washington solution spiralled

into politics. even the senate chaplain weighed in. >> it's time for our lawmakers to say enough is enough. >> reporter: were you trying to jolt lawmakers with your prayer? >> i was trying to express what some of them have expressed and felt, that at some point you have to draw the line. at some point you have to say enough is enough. >> reporter: the shutdown has politicized a group beloved by both parties, the military. one of the families of the fallen soldiers denied benefits is from senator bob casey's home state, pennsylvania. >> it's unusual that veterans or soldiers are used as a political strategy to make a point. >> reporter: a pawn? >> in many instances i would agree they are. >> reporter: while harry reid

insisted the death benefits will come back he made a strategic choice today. the senate ignored the new military benefit bill that would fix the problem. why? because democrats say that unless house republicans agree to reopen the whole government democrats will not approve one program at a time, even death benefits for families of fallen soldiers. a tea party republican made it personal. >> do you think senator reid doesn't like our veterans or the va in particular? >> reporter: an awkward silence followed. >> personally, i think he very highly values veterans. >> reporter: i told leader reid about that provocative exchange. what's your response to that? >> it doesn't, i can't dignify it with a response. >> reporter: you get an idea of the tone around here. even when it comes to veterans and their families. now some democrats say they praise secretary hagel and the

administration for coming up with this solution and also tell me if this charity had not stepped forward the senate would have passed the bill. >> kelly o'donnell from the hill. ha thanks next thursday the government will hit the debt ceiling, and if congress fails to raise that limit so the government can borrow more money to pay its bill the and obligations many are warning of a much larger catastrophe for the economy. kate snow has our report. >> reporter: this is wall street. you might think if the u.s. government stops paying on its debt the most immediate impact would be felt here on the stock market. but many economists say defaulting wouldn't just unsettle financial markets. it could potentially impact all these people around me. it could impact this entire city, cities all across the country. in fact, the effects could be felt all across the globe.

>> every major country in every major bank around the world owns treasury bills. the day they don't believe we're good for the money or that there's any risk that we're not going to pay them back on time, there's going to be a huge global crisis of confidence. >> reporter: if congress doesn't solve this, what are we asking the treasury department to do? >> if we pass this deadline the treasury has very few and bad options. they will have to decide who to pay. are they going to pay social security? or the chinese back who bought our treasury bills. >> reporter: think of your own checking account. the u.s. would have about $30 billion in its account plus income from tax revenue coming in. on october 23rd, a $12 billion comes due to pay for social security payments. on halloween we owe $6 billion in interest payments on our national debt. the next day, a huge bill, $67 billion for social security, disability benefit, medicare and

pay for the military and retirees. >> america would not be able to meet all of our financial obligations for the first time in 225 years. >> reporter: but some republicans say the president is exaggerating the risk of default. >> default is when you can't service your debt. we have enough money coming in. >> reporter: even if we pass the debt ceiling, they say mare's enough money on hand. >> i'm not advocating we go through the debt ceiling deadline. what i am saying is, if you go through it, you will not default and leaders in our country should rehay sure the world's markets we will not default. >> reporter: some republicans have suggested the government prioritize and pay important interest payments first, but the administration says that's not practical. the treasury department pays literally millions of bills every single day. and they say it would be very complicated to figure out which one of those to pay first. >> kate snow with the other portion of this. well, today the president

formally introduced his next nominee for the chairman of the reserve. her post would make her the most powerful woman in the free world. it's a position that doesn't open up very often. there have only been two fed chair men in this past quarter century. they have the power to set policy for the nation and move markets around the world. we report tonight on the nominee. >> thank you, mr. president. >> reporter: today janet yellen, the number two at the federal reserve was nominated to be number one. >> she doesn't have a crystal ball, but shy does have an understanding about how the economy works. >> she was one of the first ones to spot the bubble and not only spot it, but spot how collateral damage and how much damage this could cause the economy. >> reporter: bourne in brooklyn, 67 year old yellen is surrounded

by financial geniuses. her husband is a nobel prize winning economist. >> their idea of a family vacation is the beach with a suitcase full of economic books. >> reporter: she's known to eat in the cafeteria and has a stamp collection inharted from her mother. >> the past six years have been tumultuous. >> reporter: she acknowledged the nation's tough times and her faith in finding solutions. >> we can help ensure that everyone has the opportunity to work hard and build a better life. >> reporter: if confirmed, she'll become the next chair and the first woman to lead the federal reserve in a hundred years. nbc news, new york. still ahead for us tonight, a warning about an outbreak that has sickened hundreds of people across 17 different states. and in the middle of this shut down, the feds are having trouble tracking it because of the government shutdown. and making a difference, the

amazing effort to rebuild and remember.

there is a story in the news tonight linking this government shutdown with a serious salmonella outbreak traced to chicken. close to 300 people are so far known to have been sickened in this. the vast majority of them in california. though investigators brief this outbreak is larger than that. but the agency responsible for monitoring and stopping widespread illness, the cdc is largely shutdown. we get our report from nbc's tom costel costello. >> reporter: in chula vista, california, the blair family is cop vinced they're recovering from food poisoning.

>> i started feeling violently ill. i was having to run to the bathroom every few minutes. and i thought i had the stomach flu. >> reporter: it turns out their chicken has the same lot numbers linked to a salmonella outbreak. the cdc estimates for every single reported case 25 more go unreported. this outbreak combined with another outbreak involving foster farms last year could have sickened nearly 10,000 people. investigators believe the salmonella this time came from three foster farms processing plants in california. today the usda threatened to shut the plants down. >> we have concerned, though, that they have some difficulties in producing a safe product right now. >> reporter: some of the salmonella strains are resistant to antibiotics. and the outbreak comes as the centers for disease control is hobbled by the government

shutdown. 9,000 of its 13,000 workers furloughed. they've now called back 30 staffers to help with the salmonella outbreak. >> it's really outrageous that congress is keeping our top experts at home when the public demands that they be at work. >> reporter: they say they deeply regret any food borne illness associated with their products. it's important to clean the chicken thoroughly, keep it away from counter tops, and salmonella can be killed by cooking to 165 degrees. so far it's not recalling any products but is implementing additional safety measures in its processing. and we're back in a moment with the passenger who went into action mid flight after the pilot collapsed at the controls.

it was a pleasure ride in a small plane over northeast england that could have ended very differently. the pilot died while at the controls. his friend and passenger was able to contact controllers, and two instructors on the ground were able to talk him into a safe landing. if there was any good news here, faced with such a harrowing chore, it was the plane itself, it's the first plane a lot of beginner pilots learn to fly on. famous for its dependability and simple control, but landing one usually takes some practice. our parent company made some news today. it has to do with twitter. comcast describers could view something by hitting a button

that says see it. if you have kids in sports or if you ever were one, you know the post game ritual that goes something like this, good game, good game, good game. the nhl still does it. it probably wouldn't hurt the nfl if they tried it. the problem is kids will be kids. there's the old spit in your hand trick and worse. now the kentucky athletic association is saying since fights have broken out, the traditional player lineup after these games should be monitored or in some cases stopped. when we come back here tonight,a our making a difference report, finding common ground and building a brighter future.

finally tonight, they were two of the most tragic events in the recent history of this country. we saw them both last year, hurricane sandy, and the massacre at sandy hook.

with all the suffering, a new jersey firefighter had an idea, honor the newtown victims by building playgrounds in their name and in places hit hard by the storm. we have the report on this program making a difference. >> who's ready to get their playground on? >> reporter: on a sunny fall day, kids were sliding and swinging around. a bright pink and brand new playground built to fill one very big hole. >> i get emotional right now. >> there's tears in your eyes. how can there not be. >> reporter: after one of our country's darkest moments, a sim idea. >> today is the tenth playground of 26 that we're building. >> reporter: 26 playgrounds for each of the 26 lives lost at sandy hook. this one in new york is for a

six year old. what's it like to be here? >> i have a grandson, and he'll tell you, he'll say grandma, is the playground open? and caroline will go on. >> reporter: firefighters, cops and construction workers and community members. the funds are all donated. >> it was something ugly that happened. something beautiful is coming out. >> reporter: his daughter was one of the teachers killed at sandy hook. >> i'm pretty strong, but it hurts. >> reporter: now a playground in connecticut bears her name. >> she saved 17 kids. i know my daughter and her students are being looking down at what we're doing. that makes me happy and proud. >> reporter: these parents' son is honored on the jersey shore.

>> they're giving back to us more than they'll ever know. >> we're thanking you. >> we heal a little bit more with each playground. >> reporter: playground number eight. >> it was his baseball number, but i take it to the next level and i look at the infinity sign and that makes it number eight. that's our love, infinn itty. >> reporte >> reporter: and a reminder that bringing joy to one child may be the best way to honor another. nbc news, island park, new york. it gives us great pleasure to tell their story. that's our broadcast on this wednesday night. thank you for being with us. i'm brian williams, and we hope to see you right back here tomorrow evening. good night.

>> it's serious because these weapons are so dangerous. >> right now at 6:00, the future is very uncertain for aldon smith. tonight, he's facing several serious criminal charges. good evening, everyone. >> the story or vus tif unit first broke and we've been following it for weeks. today it's gone from bad to worse for one of the most promising young players in the national football league. aldon smith's career is now in jeopardy. the santa clara district

attorney has filed criminal charge against the 49ers star. it all stems from a house party at his south bay home last year. our chief investigative reporter join us from our news room. and tony, it's unraveling quickly for this young man. >> reporter: it's been a lot of legal action in a short period of time. you're talking about that house party where aldon smith was stabbed, two others shot, and for the past 15 months, the sheriff's department has investigated just what happened. it led to two civil lawsuits zens aldon smith and now the district attorney deciding to file three serious felonies. >> h ewill self-sur rebder later this month and there will be a court date set. >> the district attorney charged alcharged aldon smith with serious felonies. >> we're grateful none of these weapons