good tuesday morning. coming up on "early today," an nbc news investigation has found the obama administration has known three years ago that millions who liked health insurance could not keep it as promised. it is the u.s. may be dialing back our surveillance. somber anniversary. one year ago today superstorm sandy forever changed the landscape of 24 states. how well have we recovered? and what's ahead. plus, st. louis juggled both the world series and "monday night football." britney spears is unknowingly helping the u.s. fight somali pirates. and he's just your average 8'3" happy groom. "early today" starts right now. this is "early today" for tuesday, october 29th.

good morning. i'm richard l u6789 i'm richard lui. an obama care bombshell. an investigation finds the obama administration reportedly knew for at least three years that millions of americans would not be able to keep their health insurance. that has been one of president obama's key selling points for his new health care law. >> if you've got health insurance, it doesn't mean a government takeover. you keep your own insurance. if you like your plan, you can keep your plan. >> but four sources deeply involved in the affordable care act tell nbc news between 45% to 50% can expect to find a cancellation letter in the past year. the reason, their existing policies do not meet the minimum standards mandated by the new health care law. 2010 obama care regulations do cite a normal turnover in the

individual insurance market. now the white house is pushing back on the investigation. josh ernest tweeted, quote, that's "a," not new, and "b," not caused by aca. it's a problem aca will solve. for more, head to nbcnews.com. also on monday the obama administration granted a six-week extension without penalty to sign up for coverage. the new deadline now is march 31th. now to the other issue causing white house headaches. those u.s. spy games around the world. president obama is now calling for programs monitoring our allies to stop. that while new complaints allege the nsa tapped private citizens. nbc's tracie potts is in washington for us. tracie, good morning to you. here's a hearing on capitol hill today. what might we learn? >> reporter: well, the hearing is going to solve some of the top administration officials on intelligence. the director of national intelligence, james clapper, the

head of the nsa, the national security agency, general keith alexander and others who lawmakers want to ask, how extensive are these surveillance programs? why are they necessary? and particularly as we've learned of late, why are we tapping cell phones and other conversations of our allies, of world leaders like angela merkel, the german chancellor. the germans are really upset about this. they're calling for an investigation. even some democrats are saying it's over the top to tap cell phones of our allies like senator dianne feinstein. her senate intelligence committee may also be looking into this. in a statement, she said "with respect to nsa collection of intelligence on leaders of u.s. al allies, let me state unequivocally, i am totally opposed. i do not believe the united states should be collecting phone calls or e-mails of friendly presidents and prime ministers." like merkel. that's why the eu, the european union, has people here in washington asking questions, and

now am a senior administration official says they may phase out that part of the program. richard? >> tracie, the white house hoping october ends very, very soon. thank you so much. this morning 24 states are marking a somber anniversary. one year ago today hurricane sandy made landfall. nbc's jay gray joins us from along the jersey shore. jay, you were reporting on this very story a year ago. one criticism that i remember you reporting on was the warning system from noaa. has that changed? >> reporter: yeah, richard, it has. a lot of lessons learned from sandy. and one of those is the wording that they used to warn the public when a storm might be coming in. they found out during sandy that scientific terms just weren't working, that they needed to speak in more plain terms and really let people know not only about the wind but the storm surge. and so they've really changed the protocol for reporting these storms. thankfully this year we haven't had the opportunity or the need

for those new warnings. but, again, they're in place and ready should they be needed. look, it's been a rough year, as you might imagine. this boardwalk, the iconic area here in seaside heights just after the storm, the damage here really came to symbolize so many communities splintered by sandy. now 12 months later, it, again, represents this region. some areas completely restored. others, richard, that still need a lot of help, a lot of work. and that's something that so many families are working through. as you talk about, such a broad region of the country here. and it's work that many believe will continue for at least another year, if not longer, richard. >> jay gray, thank you again for your reporting there in seaside for us. texas abortion clinics that face closure will be open today. a federal court struck down key parts of a tough new law. many estimated the new rules here would have closed one-third of the state's clinics. a judge now says many parts of

the law put unnecessary burdens on providers and patients including a requirement that doctors have admitting privileges at nearby hospitals. this is the same bill filibustered by state senator wendy davis, now a candidate for texas governor. her gop challenger in that race, the state attorney general, is appealing. two captured two to go. two of the four inmates who escaped from an oklahoma county jail are back behind bars. police captured dillon ray three irons and prime brown outside a convenience store monday after just more than a day at large. a manhunt is still under way for the two other men. police saying they escaped through a maintenance hatch above a shower. they made their way through a crawl space and ultimately through an escape hatch door. wow. boston is one game away from winning the world series. game five first inning david ortiz continues his hitting streak with a double to drive in a run. his batting average is .733. that's a seven bill, karins.

he's 11 for 15 in the series. jon lester, he helped out serving seven strikeouts for the sox. but in the fourth inning, matt holliday homered. then to the seventh. two men on base. boston's david ross hit a double one run scores. elsbury singled and ross tried to score. but as you watch this, gets tagged out. he does not make it. cards can't come back. boston wins 3461. game six wednesday night in boston. more sports a little later. frightening amateur video coming from denmark as hurricane force winds rip across europe. in copenhagen, gusts of up to 120 miles per hour caused a six-story scaffolding to be ripped completely off an office building. no one was injured in that. bill karins, they're still suffering. >> that was their big, huge storm. they were saying that was a once in a decade or maybe even every 20 years over there. >> beautiful town. hate to see that happen. >> yeah. hoping they'll recover quickly. big storm in the west, too.

this storm has brought colder conditions than many. we've got snow in the higher elevations. what a beautiful looking water vapor imagery. of course, you want to be under the middle of this, or in the middle of the storm. the winds yell were howling. you can see that jet stream streaking over southern california into areas of utah and arizona. this is your typical weather map i'll show you with the white and gray being the clouds and the green being the radar echoes. we are still seeing a little light rain and snow from the lake tahoe area up through northern nevada. we've had some shower activity in southern california. not a lot, but just a little bit. oceanside all the way down on i-5. san diego, it looks like maybe a hit-and-miss shower. most of it is going to stay south of los angeles. there could be a few sprinkles. and temperatures have dropped. we're in the 30s in many areas of oregon. the pacific northwest will be very chilly. even areas of southern california with those clouds and cool temperatures. 65 in l.a. that's your national forecast

struggle back up into the low 60s, and that will about do it. so not as windy, though. we had a lot of wind reports yesterday, too, from that storm. >> just realizing what's beautiful to you as a meteorologist may not be beautiful to some other folks. >> no, to the eyes. that was it. not to experience. >> i got you, bill. she may be a multiplatinum selling artist, but apparently britney spears' music really annoys pirates. a sign that the economy is roaring back. plus a man lives to tell how an item in his pocket stops a thief's bullet. next.

welcome back. international inspectors say they've missed an october 27th deadline to visit all of syria's 23 declared chemical sites because two of the sites are in rebel held or contested areas. investigators face another deadline friday.

all weapons must be destroyed. ♪ oops i did it again ♪ i played with your heart so apparently somali pirates really do not like britney spears. a british naval officer tells "the mirror" that britney's music is blasted toward pirate vessels to scare them off, and it works mainly because they dislike western music and culture. at 8'3", this turk towers over his syrian bride even though he's 5'9". big man. now for business and cnbc's seema mody. >> richard, walmart is kicking off promotions today of about 25,000 u.s. employees as it tries to send a message it offers job security and opportunities. the mostly hourly workers will be promoted to different jobs, some to store management and receive higher pay. google plans to ex-paneled the rollout of its wearable glass technology in the coming

weeks. reports say while google won't sell the device to the public next year, it will let existing owners and friends to buy one. stock futures are higher now after a mixed close on monday. investors get data today on inflation, home prices and consumer confidence. and keep in mind the fed begins a two-day policy meeting. back to you, richard. sports is next including "monday night football." highlights of the world's best lumberjack. but first, on this one-year anniversary of hurricane sandy, a question. with a diameter of over 1,000 miles, sandy surpassed what other atlantic hurricane to become the largest in history? was it igor? katrina? andrew? or irene? the answer when "early today" returns.

before the break we asked with a diameter of over 1,000 miles, sandy surpassed what other atlantic hurricane to become the largest in history? the answer is 2010's hurricane igor. which measured 920 miles across. now to sports. monday night football, seahawks at rams. i hate with had this happens. darth vader photo bombing in that picture. this time he was doing that to seattle's coach during a pregame interview. but in the game, the force was clearly behind seattle's richard sherman and this play. interception for 38 yards, followed by a short slant to the

seahawks' golden tate. touchdown there. and then in the third quarter, qb russell wilson with another to tate. with this one right he, he is gone, my friends. 80 yards with a score. seattle wins 14-9. they didn't dominate, but still have the best record in the nfc. cowboys' owner jerry jones does not think receiver dez bryant screaming at qb tony romo is bad. bryant was mad he only got three passes in sunday's loss. so he went on a yelling tirade at romo and hey, just about everybody else that was in front of him. he was so upset about not getting more passes. redskins' owner dan snider meets with commissioner goodell today, talking about the team's name which many native american groups say is racist. 16-year-old golf phenom lydia ko can join the women's tour in 2014. ko asked the lpga to waive their 18-year-old age requirement. the number five ranked player lost up to $1 million in potential winnings by not being

pro. the battle for the title of the top lumberjack in the world. australian brad delosa won three of the competitions. he takes the crown. the u.s. came in second in team competition. the 25th annual roller cart festival in colombia. they were decorated as planes, blimps, buses, everything you can imagine made from wooden planks, steel wheels and household items. the nba season starts tonight. and with that, a new commercial. three pro players pose as senior citizens. they challenge younger players in chicago park. those players, younger ones, going hey, what's this? by the way, the players that are all made up are tyree irving and nate robinson and minnesota's moore all by the way are this their 20s. >> "early today" sponsored by

just for men, champions of facial hair. just ahead, sly stallone bears all. brian williams auditions for christian grey. plus, chris brown draws the masses as he gets out of jail.

welcome back. this being the anniversary of sandy's landfall, what made it so amazing was its immense size. 1,000 miles across. the biggest we've ever measured out there in the atlantic basin.

crazy stuff. let me show you some of these befores and afters. some of the areas have been torn down but they haven't been rebuilt like in brick, new jersey. as far as other locations, some are improving slowly. breezy point queens where the water came up and then it receded. you see the high tide and then afterwards. the water is gone. same telephone poles still leaning the same way. you know, i was watching reports, there's still some people in temporary housing. they haven't been able to leave it. >> yeah, it's been a long recovery for many families. >> 50 billion. 50 million. >> thanks so much. chris brown has been released from jail after his charge was reduced to a misdemeanor. the singer due back in court november 25th. he's been cast as a slashing samurai in a john belushi bioppic. the simpsons will retire the character of edna after her

death over the weekend. she's been a part of the show since the second episode of the first season back in 1989. britney spears found the perfect way to celebrate halloween. michael jackson style. >> stand and face the hounds of hell. and rot inside a corpse's shell. >> production value? >> zero? did they try? >> i don't know if they tried at all. sly stone showing off his artistic side on the canvas with a large display of his paintings. the actor's abstract art is now featured at the russian museum in st. petersburg. they're the only ones that would take them, evidently. even after breaking his toe a few days ago, prince harry has pledged to go ahead with the 16-day trek to the south pole. there he will endure minus-30-degree fahrenheit temperatures during the 208-mile journey. the event is called walking for the wounded and raises money for

wounded servicemen. that's why. that's great. "sesame street" has found a way to make a complicated and intense show like "homeland" perfect for its young audience. >> he's a wolf in sheep's clothing! >> you're right, david. he is a wolf. i should have believed you, carrie. i feel rather sheepish. >> me, too. >> i don't care if you are a wolf! did you hear that? he's bad! maybe he really is a sheep after all. >> "sesame street" and "homeland." what do you think? >> isn't it proof that all programs is really geared toward the parents. >> it is. because we like to watch kids shows. i'm richard lui. you're watching "early today," we hope just your first stop of the day on nbc.

leading the news on nbcnews.com, dream chaser space plane suffers landing gear glitch in test. scientists are trying to figure out what caused a landing gear malfunction on the privately built spacecraft after what appeared to be an otherwise successful flight. and in "usa today," clerk's cell phone stops robber's bullet. the shooting happened at a florida gas station when the clerk could not open the store safe, he reportedly did not realize he got shot until he pulled out his cell phone from his shirt pocket. talk about lucky there i'll take two of those. some stories that we're following here on nbc. penn state paying nearly $60 million to settle sexual claims by 26 young men. they say former assistant football coach jerry sandusky sexually abused them. the school's president said the school cannot undo want been done but will do everything

possible to ensure it never happens again. sandusky is serving 30 to 60 years in prison after a jury convicted him of 45 counts of child sex ball abuual abuse. fitness experts are asking for a revamping. the associated press reports they're asking for liposuction to pass the test. a number of army soldiers booted for being overweight is up tenfold in just the past five years. one brazilian surfer survives his face-off with an avalanche of water. carlos burrell slaying a monstrous wave estimated to be over 100 feet tall. with the help of a jet ski. and he's got to stay ahead. the surfer -- >> barely. >> he rode the massive wall of water, being called the largest wave ever. if confirmed, the brazilian's wild ride will break the current record of 78 feet which i think he also holds. >> that is moving fast. i wonder how fast he was going,

just down the face of the wave. >> that's ten stories high? that's a lot of water. time now for a look ahead and a look back. remembering former house speaker tom foley. the memorial service for foley who served as speaker from 1989 to 1995 will be held at the capitol with president obama and congressional leaders on hand. on this day in 1998, 77-year-old john glenn became the oldest person to go into space. >> one. booster ignition and liftoff of "discovery" with a crew of six astronaut heroes and one american legend. happy birthday to winona ryder who is 42. kate jackson, 65 and richard dreyfus is 66. this morning on "today," 100 days to sochi, counting down to the 2014 winter olympics with some stars of team usa. keep it here for more news, weather and sports. i'm richard lui along with bill karins. thanks for watching "early today." have a very good tuesday.

he left that morning and i didn't see him again until the hospital. >> the widow of a paramedic shot to death in oakland is speaking about his murder for the first time. what she has to say about the 16-year-old boy accused of pulling the trigger. >> and the anger over the shooting death of a 13-year-old boy is ramping up today. hundreds of people from across the bay area will take to the streets in the north bay demanding justice. >> plus, $8 for a gallon of milk? it could soon be a reality. why people in the bay area are now depending on congress to make sure that doesn't happen. >> a live look at san francisco. looks like it's a clear start. but what a