2022. the stat now in democratic chamber after georgia's high-stakes runoff. what raphael warnock's victory means for congress and the white house. coast to coast, nearly every state in america is dealing with a rise of flu cases way ahead of schedule. the warning from hospitals as they struggle to cope with the surge. and nbc news exclusive.

children hired to work in slaughterhouses as cleaning crews. how it happened and what federal officials are forcing the company to do now. inside the shortage. a new report uncovers new details about the nationwide baby formula crisis, the blame being pointed at one of the nation's leading health agencies. we begin this hour with the monumental decision just made by millions of voters in georgia. >> after a tight general election and a prolonged runoff race, democrat raphael warnock is now holding on to his senate seat after defeating republican challenger herschel walker. >> it is my honor to utter the four most powerful words ever spoken in a democracy, the people have spoken. [ cheers and applause ] >> the windows thought change the balance of power in the senate but it does solidify the democrats' control of the chamber. >> joining us now nbc news correspondent shaquille brewster in atlanta and nbc news deputy

political editor ben camisar. what does it tell us about the electorate in georgia? >> reporter: well, definitely underscores the demographic shift. historically conservative counties that have been trending blue only got more blue in this race. but talking with folks here in the atlanta area you also saw them connect with raphael warnock's closing message, his closing message was that herschel walker did not have the character or the competence to become a u.s. senator referencing the allegations against him, referencing the lack of seriousness in warnock's words that you saw from herschel walker. that is something that people on both sides, people who voted for walker, people who voted for warnock acknowledged as they went to the polls and, you know, despite that they said they were nervous as they were watching the results come in. one thing we see with that margin three percentage points between the two. that is a historically

significant margin for a senate race in a state like georgia. i think one thing that we saw last night is that georgia is becoming more and more of a battleground state and last night more evidence. >> ben, let me bring you in, shaq, thank you. this race doesn't impact the balance of power in the senate but this 51st seat for democrats is significant. right? >> yeah, it's definitely significant for two main reasons, first of all a 50/50 senate democrats had the majority because kamala harris could break the tie. because of arcane ways they do business, they had to have the same number of republicans and democrats on committees because it was 50/50. now democrats will have the majority on committees that will make their lives easier. then the other piece of it is they got wiggle room on legislation. we remember how difficult it was for democrats to get things like build back better over the line because they had to keep their entire caucus in line. now they can lose one vote and gives them more wiggle room on legislation. >> all right.

ben kamisa ren shaquille brewster, thanks. getting the lights and heat back on after saturday's substation attacks. this is day four of these outages, at its peak 45,000 customers were in the dark. the major power provider in the state says electricity should be fully restored by midnight and may happen sooner than that. antonia hylton is following the story in carthage. how close are people there to having the power completely restored? >> reporter: hey, aaron, we are getting closer by the minute, in fact, i've just spoken to some residents who texted me saying the lights are back on and the heat is back on in their homes but there are still several thousand customers who are still waiting for the light to come on and duke energy says by midnight tonight, everybody should be back to normal. but that doesn't mean that the pain won't still be felt here in some ways. you know, there are parts of the k.j. with a lot of people who

say work hourly wage jobs who lost out on work and the holiday season right at a critical time and so, you know, i spoke to a pastor one of the folks organizing getting supplies, deepers, food, water for families and says there's still need here in moore county even when the lights come back on. people will need gas cards and food support and so they want people to continue to reach out and to support the people here after everything they've been through, you know, while they're close to the finish line now this has been going on since this sudden attack on saturday night. and it has really thrown this community into chaos, kids aren't going to be back in the classroom until friday and, you know, families have been at home without internet access and some cases without much cell service so it is going to take a while for people to be back on their feet, aaron. >> we know these communities are not unfamiliar with outages. they deal with hurricanes and other natural disasters, flooding and things like that but what are people saying about how this disruption is different? >> reporter: you're right. so, you know, this is an area

where they see natural disasters and often when a hurricane is coming you have some days' warning. you know the drill. you've grown up here. you know what to do, what supplies you need or where you normally go if you stay with families somewhere else but with an incident like this there's no way to prepare so the word i keep hearing this has been so unsettling in nature. because it came out of nowhere and it's a criminal attack and until they know more about the suspect or motive it's left people here feeling really vulnerable and then, of course, there's this other element of the story that has been talked about a lot here on the ground which is that that same night there was a drag performance show and there were a lot of people protesting the lgbtq community and their ability to host this event and, you know, while there is no established connection between the drag performance show and the attack on the substations at this time, there's still this fear here among lgbtq residents and they're eagerly awaiting updates from law enforcement.

take a listen to a conversation i had. >> it's nerve-racking to think that this was done out of hate or if even if it wasn't that people are taking it that way and rejoicing but it's not going to stop anyone. we are what we are and we are not going anywhere. >> reporter: so there's sort of two sides to this story right now. one is the community waiting for lights and heat to be back on, for life to feel normal again and then for them to get answers from law enforcement so that, you know, the vulnerabilities that have been exposed about the infrastructure not just in moore county but around the state, around the country are better understood and then hopefully action is taken, aaron. >> antonia, thank you. personal belongings of the four idaho college students who were murdereder inially a month ago are now being turned over to their families today. the local police chief says he hopes that this will help in the

grieving process. but investigators are still collecting evidence, they're still trying to track down whoever is responsible. nbc news correspondent steve patterson is in moscow, idaho, for us. steve, idaho police say they're chasing incoming tips and leads. what are they focusing on at this point? >> reporter: so the phrase, kate, that they've been using is that they have quality leads in this investigation. the problem is what caliber to that quality, what exactly are the leads? we simply don't know. there's been a lot of tight-lipped information that has not been put forward to the public which is, of course, part of the frustration here in moscow. we do know that police say they have over 100 pieces of physical evidence, that they have thousands of emails and phone calls and tips and they have been pursuing each and every one of those to the furthest degree that they can. that is their line. they want to push back very hardly against the assertion that this trail is growing cold and that's the growing fear in this community. so we know right now they're focused on a few thing, one,

where exactly where some of these victims, some of the students that went to that fateful rental house where were they before that? we some were at a bar in moscow. some were at a frat house. that has become a significant target of the investigation although we don't know for what reason. so, again, part of that frustration is the lack of information. we also know part of this will be solved in a lab. there's a lot of forensic information. there's a lot of dna evidence but that work takes an excruciatingly long time. >> steve, thank you. an urgent warning about the flu. cases across the country are rising at an alarming rate. the cdc estimates 9 million cases, that's close to the 9 million for last year's entire flu season. flu deaths are rapidly approaching last year's total. let's bring in dr. natalie azar. we've been talking about that. traditionally this month is when

we start to see flu peak. given where we are now, what do you expect through the rest of flu season? >> well, it's certainly a concern, guys, you know, number one, there's no indication yet that we are peaking or we've even plateaued. there continues to be an exponential rise of cases as you mentioned, you know, hospitalizations and cases and deaths already near what we saw in the entirety of last year's flu season. major, major concern for us as we're also seeing covid cases rising and that is, of course, always a concern because of the potential strain on our hospital system. right now the predominant strain is an influenza a strain and what tends to happen that switches over to influenza b after a period of time so sorry to say but there's no light at the end of the tunnel just yet. i'm kind of just getting started. >> given that fact as we continue through the holiday season people will get together. what's your best advice to stay healthy, especially for people

who are just settled on not getting a flu shot this year? >> i know, well, certainly i mean, listen, if you can try to avoid being around other people who are symptomatic with sniffles and coughs and sore throats. if you are sick please stay home. cover your coughs and sneezes, wash your hands frequently. don't touch your face. clean and disinfect surfaces frequently and by all means stay up to date on the flu shot and your covid booster, remember, if you get sick with one respiratory infection it does make you more susceptible to getting sick with another respiratory infection. >> all right, dr. natalie azar, we appreciate it. e-get company juul settled more than 5,000 lawsuits. mcdonald's giving away free food for life. >> kristina partsinevelos is here. >> juul settled more than 5,000 lawsuits over its vaping products. they're not saying how much it's paying but its future is in doubt as it appeals an order to

stop selling its vaping devices and cartridges. also elon musk says one of twitter's top lawyers was, quote, exited from the company in connection with musk's release of internal documents that he says provide evidence managers were making biased decisions favoring democrats before he took over. again, this is elon musk's opinion. and mcdonald's is trying to get more people to use its app with a promotion that gives customers placing mobile orders a chance to win a card that gets you free food for life. a company rep tells cnbc app users are more profitable than other customers because they're more likely to come back. free mcdonald's to life. does that appeal to you. >> my son would love that. nothing more than that. cristina, thanks. coming up, the two websites the fbi is asking about as it investigates that deadly mass investigates that deadly mass shootingt a a avavoiding tririggers butt cacan't keep m migraines a a? qulipta®® can helelp prevent mimigraines. avavoiding tririggers butt cacan't keep m migraines a a? you cacan't alwaysys prevent whatat's going o on outside..

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new developments in the colorado gay nightclub shooting. nbc news is leschchenkoing the fbi is asking about two websites in connection with last month's attack. five people died, 17 others were hurt. nbc is closely following this story. joe, what can you tell us about these websites the fbi is looking into now? >> reporter: so these two websites give us a few more

details about the suspect and about the night of the shooting. one is a forum type free speech website that aldrich created in the late spring or summer according to a former friend and neighbor xavier krauss. krauss said he spoke with the fbi about it last week and told them aldrich wanted the site to be a place where people could post whatever they want and now users have anonymously posted racist and anti-semitic content that floor fights mass shooters on the website. on the home page of that there's a link to the quote, unquote brother site and when you click through to that there's a list of videos uphooded in the hours of about the shooting, the one that was the most recent was just ten minutes before the shooting and two of those last videos appear to have been taken in a vehicle at night and though you don't ever fully see the face of the person taking the video one of the frames allows you to see part of the face in the rearview mirror and appears to resemble aldrich. the public defenders have not

returned our request for comment on these sites. >> thank you. san francisco is putting a hold on controversial plans that would have let police there use robots for deadly force. the decision comes after the policy faced major pushback from opponents. sergio quintana tells us why. >> reporter: these are the kinds of police robot that is are currently being debated. they have treads and awkward looking arms. bomb squads often use them to defuse bombs. the question now whether san francisco police should ever be allowed to use one of its dozen or so similar type robots to deliver an explosive and potentially kill a suspect. >> the motion carries. >> reporter: the board of supervisors appeared to change course and decided for now the san francisco police cannot use their robots to deliver lethal force. the board of supervisors removed the language of robots and lethal force in order to allow the san francisco police department to continue using its

current robots to defuse bombs and comply with state law. it sent the issue of robots and lethal force to be considered by committee again. there was not an opportunity for public comment but some did hold an impromptu protest inside supervisors' chambers. >> the concerns are this would be the first time that the city and county of san francisco is saying to the police department, you can use robots to kill people. that is an alarming position for our city to take. >> reporter: supervisor dean preston has become one of the robot's most vocal opponents and led a rally at city hall to bring more attention to the issue. supervisor matt dorsey is among those who still support the measure. >> i don't believe that san francisco should be the first municipality in california to prohibit the use of these devices if, god forbid, there were mash casualty events or a terrorist incident. >> reporter: he points to one, dallas, 2016, a sniper in an elevated parking garage killed

five police officers, injured several others and two bystanders. after a 45-minute gun battle and two hours of negotiations, the police chief gave the green light to use a department robot to deliver a brick of c4 explosive killing the shooter. according to the france police commanders would only consider using a robot under similar extraordinary circumstances. and only the police chief, an assistant chief or deputy chief could approve of such a plan. supervisor rafael handleman sat on the committee that drafted this over the last several months and still supports it. >> i think we did put guard rails in place for someone who thinks won't get used regularly. >> reporter: he will be on the same committee that will re-examine the issue. sergio quintana, bay area news. dr. anthony fauci is stepping away from public service after nearly 50 years working in public health. ahead, a preview of his in-depth conversation with nbc's lester holt. you're watching "nbc news daily." we're also streaming for

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sunny balwani's sentencing is under way. jurors in july convicted him on 12 counts of criminal fraud and for misleading investors. federal prosecutors are asking he serve 15 years in prison. this is new video of balwani entering the courthouse. we saw nowhere the crowd we saw for elizabeth holmes' trial and sentencing. while sunny balwani was convicted on four more counts his attorneys are asking for no prison time. he was found guilty on all 12 counts of wire fraud and con spear sti because of theranos' claim blood testing technology could diagnose more than 200 diseases from a single drop of blood. founder elizabeth holmes faced the same charges and was convicted on four of them. the reason his lawyers are asking for probation is he invested millions of his own money and never used theranos to gain fame and fortune. they also say his punishment

includes loss of money, reputation and the ability to work. on the othered side federal prosecutors are asking for 15 years behind bars and $800 million in restitution. we are working to learn more following a deadly crash in heyward. it happened around 8:00 at the intersection of harris avenue. they say a vehicle crashed into a pedestrian. the body was found under the vehicle. police initially called it a hit-and-run investigation but the driver is now cooperating with police. we are still working to learn what led up to this crash. another deadly crash in san francisco. police are on scene after a vehicle crashes into a motorcyclist. this is video from nbc bay area sky ranger this morning. it happened at cesar chavez street and south van ness avenue. there are significant traffic delays. the cause of the crash is under investigation.

now here are some other stories you need to know about this hour, sad news for giants fans. aaron judge is sticking with the yankees. police are investigating a shooting on a south bay bike path. first, a threat against state senator scott wiener. early yesterday morning wiener said he received an email listing his home address and mentioning a bomb. the sender also suggested they would shoot up his office at the state capitol. he believes it may be linked to a recent twitter exchange he had with representative marjorie taylor greene and conservative pundit charlie kirk. wiener says he's been the target of threats for months. east bay authorities successfully convicted a man for threatening to kill him. and new details on a shooting in the south bay. it happened last night along a san jose bike trail in north willow glen. police overnight updated the condition of the victim. they say his injuries are not life threatening. there's still no word about a

motive or possible suspect. and star slugger aaron judge will be wearing pinstripes for the next nine years. judge has signed a nine-year, $360 million deal. at one point yesterday rumors were swirling that the giants finalized the deal luring him away from the yankees. judge is from the central valley, and many people believed he could have wanted to play closer to home. the sun is back but only for a bit. here is meteorologist kari hall with more. we will eventually see some sunshine today and it's going to still be cool only reaching into the upper 50s for san jose and los gatos. 59 in antioch. oakland reaching 57 degrees. and some mid-50s for the coastline as well as some upper 50s for the peninsula. downtown san francisco headed for 57 and the north bay will see a high of 57 degrees. only 53 in ukiah today, and we'll head back to some cold

temperatures for tonight but then by tomorrow we'll start to see more clouds. even a chance of rain coming in. so we'll take a look at the seven-day forecast as you make weekend plans coming up in 30 minutes. >> thanks, kari. we are getting a new look at the life of house speaker nancy pelosi. her daughter documentarian alexandra pelosi, recorded the speaker. take a look. >> for my entire adult life i've been two steps behind you with this camera trying to keep up with you. >> i was born into a family that was fiercely patriotic and staunchly democratic. >> pelosi and house comes out next week. that does it for this edition of "the fast as someone living with type 2 diabetes, i want to keep it t real anand talk abobot someme risks. wiwith type 2 2 dias you u have up toto 4 times greater r risk of stroroke, heheart attackck, or death. even at yoyour a1c goaoal, you'u're still a at risk ...whichch if ignorered coululd bring yoyou here... ...m.may put youou in onone of thosese...

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bottom of the hour. stories making headlines on "nbc news daily." >> new details are being revealed in the death of actress anne heche. a report from the coroner's office confirmed she was not impaired by drugs or alcohol when she crashed her mini cooper into a california home back in august. the report concluded that the 53-year-old's death was accidental and that she died due to injuries from a fire that started after the crash. police say several members of an arizona polygamist cult were found in washington state after running away from their group home. the fbi says eight girls ages ranges from 11 to 16 were wives

of the cult leader sam bateman. they had been living in that group home in custody of the arizona child safety department but ran away with the help of the three current cult members. bateman was arrested in august on charges he transported nine fors in the back of a trailer. today is sentencing day for the former president of the failed blood test company theranos. sunny balwani was convicted of fraud and conspiracy back in july. balwani and founder elizabeth holmes falsely claimed to have developed a test that could diagnose several medical conditions using only a few drops of blood. last month holmes was sentenced to more than 11 years in prison. she is appealing her conviction. well, after spending 50 years on the front lines of the world's public health crises and guiding the american people, dr. anthony fauci will step away from public service this month. >> but before he leaves his post at the national institutes of allergy and infectious diseases he sat down with nbc "nightly news" anchor lester hole and we're privileged to have lester

hold with us in the studio. nice to see you. so i know this was a wide-ranging interview and talked about a lot of different things, the political divide in this country and talked about its impact on public health. what was his take on that. >> i asked him outright does he think politics held up the ability to save more people at the height of the pandemic and he said yes. great concern for him that, you know, people could be hearing the same information about safety of vaccinations but come to different conclusions and he talked about the science changing and that it could look like to the public a flip-flop on some things but that the science continued and continues to evolve. here's what he said about some of the political fallout. >> it's just extraordinary that you have undervaccination in red states it translates into suffering and death in republicans compared to democrats.

that's completely crazy. you don't want to see anybody get sick, suffer and die from this. >> vaccines work? >> absolutely. >> masks work? >> yes. >> yeah, we also saw some of the political back and forth. obviously during the trump administration where there were times in front of congress when dr. fauci was really put in some difficult places. did you talk much about those? >> we did, senator rand paul and dr. fauci have gotten into it and i had ask about that. >> you got angry at times in some of the congressional hearings when you were personally attacked. do you have any regrets about the way that you handled that? >> i think 99.9% of the time i have been my usual self, which is very calm and measured. the only time i really got upset was when senator paul totally

inappropriately on national tv that was following that hearing accuse the me of being responsible for the death of 5 million people. now, with all due respect i'm not going to take that from anybody including a senator. >> he's quite reflective about those moments and his point is, he was always about caring for patients and people caring for each other. that continues to be his focus, in fact, we talked about the tridemic and recommending mask wearing much like the cdc has now. >> it's going to be a very interesting interview. lester, thanks so much for being with us. catch lester's full interview with dr. fauci tonight on nbc "nightly news." the family of a man killed during a traffic stop is filing a lawsuit against the city of grand rapids, michigan and a former police officer. >> patrick lyoya was shot and killed back in april during a struggle with officer christopher schurr. the police department fired schurr in june awaiting trial on

murder charges. cnbc reporter perry russom joins us. what is the family asking for in this lawsuit? >> reporter: so the family has three different claims that they have in this lawsuit here that was filed this morning with count one being a violation of civil rights against former police officer christopher schurr. mentioning he lacked any lawful basis to shoot and kilpatrick. with count two being a violation of civil rights against the city of grand rapids for the way they train police mentioning policy, practice and procedure and then with count three being a state law claim of gross negligence against officer schurr mentioning he failed to de-escalate the situation. no dollar amount was given but today ben crump did mention a number in his news conference. >> we're following this $100 million driving while black lawsuit so his son, life won't be in vain, but more

importantly, we want it to be a deterrent. >> and we did just hear back from a spokesperson for the city of grand rapids who says we have not yet received the lawsuit and unable to address the specifics and still waiting to hear back from officer schurr's lawyer but when evers criminally charged just a few months ago he said he was acting in seven defense, guys. >> perry, thank you so much. an update on an nbc news exclusive about a company accused by the u.s. department of labor of hiring children to work in slaughterhouses. packers sanitation services inc. has reached an agreement with federal officials. it was accused of ploying at least 31 children on graveyard shifts in slaughterhouses in three states. cleaning the killing floors was among the children's responsibilities. nbc news senior investigative reporter laura strict ler has been following it closely. these allegations are pretty dramatic. walk us through what was in the complaint. >> reporter: yes, thank you. earlier in november the u.s. department of labor made these

explosive allegations that they found children, some as young as 13, going to middle school and high school during the day and then cleaning midwestern slaughterhouse equipment at night. the company, pssi is owned by the private equity firm blackstone. for this story i talked to people who have done these jobs and i have to say they describe an extraordinarily dangerous work environment. these children were showing up at 11:00 at night for their shift. they'd put on protective gear and then they used very strong chemicals to wash bone saws and meat grinding machines. they say the combination of animal grease, soap and hot water on the floors makes it extremely slippery. one said it was like an ice rink. this appears to have been going on for quite a while. since we found a police report from 2016 where a 14-year-old girl had burns on her hand from the chemicals she was using to clean the equipment. >> wow, look at these images,

it's just so shocking here, laura. what happens as a result of this action now? what changes are being implemented? >> reporter: so, aaron, basically they have said they are not going to be hiring children. they actually never denied that they did it. they blamed the hiring on rogue individuals who presented fake i.d.s. the labor department alleged that these were visibly children so the question of whether or not they were under age was not in dispute but as part of this agreement the company will review training policies, conduct compliance training and include new child labor provisions in their contracts. they'll also tell the federal government how many people they ultimately found in their ranks to be kids. as a reminder they have 500 sites and 17,000 employees nationwide. >> so now that we have this agreement, what is the company saying to the public in response to the concept decree with the feds? >> reporter: the company told us in a statement, we've been crystal clear from the start,

pssi has a zero tolerance policy against employing anyonened 18 and fully shares the department of labor's objective to ensure it's following to the letter at all local plants. the federal government says their investigation into the company continues and there will be fines for hiring the children. >> all right, we know you'll be following for it. laura, thank you. the supreme court is weighing a major case that could up end future elections. it has to do with state legislatures and their power over congressional maps and election laws. oral arguments wrapped up a short time ago at the supreme court. julia ainsley is there for us. julia, it's a bit of a complicated case. can you break down what's at stake and what the arguments were that were made today? >> reporter: it is complicated. at the heart of it is something called the independent state legislature theory and that is from states in this case, the north carolina republican run state ledge law tur who says that courts should not have the final say in how districting lines are drawn.

this all came to a head in north carolina when the state legislature there tried to draw districts at the court threw out. it came before the supreme court already. the supreme court actually agreed with the north carolina supreme court saying the state legislature did overstep but now they're back here today arguing about the merits of the case in a way that could have a permanent impact. that was just a temporary stay. now we're hearing from justices like alito who say that really because of the federal elections clause it should be up to the legislatures, not courts, to have the final say, that that is the way that was written so that they would be able to make those determinations, not governors and not courts. we also heard from others like justice kagan saying that this would really up end the normal system of checks and balances and really put democracy in jeopardy so there's a lot at stake here. not only could state legislators be able to redraw them without the court questioning it in the

future if the justices do agree, it could be the legislatures in the past could also decide how voter i.d. laws work, how -- who can vote, how mail-in voting would work and there would really be very little ways that their own courts or governors could make checks on those laws. so a lot is at stake here. a lot of very fervent opinions on both sides and in the middle really only two or three justices that might sway their opinion today. >> julia, thank you. coming up, with finals just around the corner, what can you do to help students in your life study smarter? more "nbc news daily" right more "nbc news daily" right af. this

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the best way is what's your plan you ask them. let them tell you it's a two-minute conversation, i have history, i have this and what time they'll start studying. this givers ownership to them and engagement and you want them to be engaged when learning? >> you have some other tips and i like the first one, you say don't forget about their mental health. meaning, you know, if we cram it down their throat that won't be good studying time, right? >> no, not at all. and we know from research that academic achievement pressure is our number one stressor for our kids, so just being aware of that can then help us as we help them study. we want them to know, you have to study the way it works for you. our flash cards work for you or writing down your notes? what is that prep for you? also, chunk out time. teach them, cramming is not beneficial. chunking out time, 20 to 30 minutes taking a break and going back to it. that hyper focus allows for better learning and, you know what you can do too, kill two

birds with one stone, study with them. you're connecting with them and spending time with them. and maybe you're reading something, you're teaching them how to study smarter. so that helps as well. and encourage your teen to go to their teachers. i was a teacher before i was a journalist and when kids came to me, i knew that they wanted to learn and i wanted to help them and give them clues for the test. >> i do draw the line at studying calculus with my daughter. i'm just going to say that out loud because i'm a journalist because i am not good at math. okay. what if your teen just isn't interested in studying? any tips to kind of encourage? >> yeah, look, we have to have a value in our home that we value lifelong learning. this is part of our value system but also be empathetic. look, what kid wants to study after school, after they've been in school all day? they want some down time. do thing that is matter to them.

so be empathetic. let them know, look, i was in school, i get it. i understand but we value education, this is part of your development. >> and on the other end of the spectrum people who, kids who are anxious, right, have anxiety around tests, how do you lessen that? >> yeah, what you've got to do is say you have prepared the best that you can for this test. you've done what you can. it's now out of your hands, also, think about the importance of sleep. eight to ten hours for kids. they need to sleep and then also remember to have our kids know that mindful breathing works. it's not something that is trite. they can sit down for that test, take some breaths and get set for that test. >> i do that before i do interviews, mindful breathing. donna tetreault, thank you. the fda is under fire today. a new report recommends stronger leadership to better respond to food safety crises in the future. here's nbc's priscilla thompson.

>> reporter: a scathing new report criticizing the fda's food program for a culture of indecisiveness and inaction in a department perceived to be in constant turmoil. it comes after months of fallout that left stores struggling to stock shelves and parents debt separate to feed their babies. >> this is really scary. >> reporter: in february, abbott, the nation's largest formulamaker shut down its michigan plant after four babies were hospitalized and twtwo die from bacterial infections after drdrinking forormula made e the. the companany says thehere's no evidencece its formumula made t babibies sick, b but voluntatar recalled several formula brands prompting a nationwide shortage. the report found that a disconnect between complaint reporting systems delayed the fda's response to the outbreak. >> when you began to hear the reports about kids getting these back material infections being

hospitalized, some dying, what went through your mind? >> i was pissed. i was angry. >> reporter: the crisis brought back painful memories for riley. >> they removed all of this. >> at barely a month old her son now 3 almost died when a bacterial infection seeped into his spinal fluid and spread to his brain. did you have any idea how he got that infection? >> no one ever said it came from his infant formula but he was like not consuming anything he. >> reporter: the fda says the report's findings will inform a new vision for its food program. the report now urging the fda to require formulamakers provide realtime results of microbiological testing and use its mandatory recall authority more often. with the baby formula crisis expected through spring, many parents are still struggling. what would your message to regulators be? >> do better. be better.

work harder for these babies. >> reporter: priscilla thompson, nbc news. there's much more news ahead. >> you are watching "nbc news daily" and we are also streaming free 24/7 on nbc news now. free 24/7 on nbc news now. you can watch us wherever you ♪ ♪ ♪♪ voltaren. the joy of movement. ♪♪

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we are still awaiting the sentencing of balwani. we have video of balwani entering the san jose federal courthouse this morning frauding investors and patients. his lawyers are asking for zero prison time but founder elizabeth holmes was sentenced to more than 11 years for her role in the scheme. scott budman has been tweeting live from inside the courtroom. we're going to bring you live coverage of this sentencing when it happens. police are investigating two frightening incidents at a school in the east bay. these happened at alameda high yesterday. investigators said a former student who made threats ten years ago trespassed onto campus. he was escorted off the property. then a man came onto the campus and touched a girl's face. police are still trying to identify that man.

enjoy the sunshine today because rain is coming back. kari hall is tracking the next storm. >> as we take a look ahead, only one more day of sunshine and that's today. clouds are moving in and it's going to be cool. temperatures in the mid-50s. the rain will arrive in the northbound during the afternoon and continue to move through the rest of the bay area. scattered showers and friday's forecast, and then another dose of heavier rain that will be moving in on saturday and sunday and tapering off on monday. and for san francisco, once again, sunshine and dry weather for today before the wet weather returns. we'll see round after round of rain. off and on showers continue through the weekend and early next week it's going to be chilly, but finally drying out. >> tnks. >> tnks. ha - [narrator] stimulant use disorder is a disease, not a choice, but getting help and finding treatment for your meth or cocaine addiction is up to you.

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found as many as 40% of people in the bay area don't get enough sleep each night. we spoke with some sleep experts to learn how to get more sleep. >> we enlisted two pros who specialize in sleep and we asked a barrage of questions. the first one, how much sleep should we be getting? >> most of us need seven to nine hours. >> sleep is a nutrient and our bodies and brains need it. >> we have to give sleep a chance. >> okay, how do we do that? set a nighttime routine, do the same thing every night. >> this will begin to prepare our bodies and minds for sleep to follow. >> and when you're doing your routine -- >> keep things calm, keep things quiet. >> terry and emerson both said proper lighting is key. if you have lightbulbs that can

change color, change them. move toward dusky orange and yellow hues. go minimal in the bedroom. >> physical clutter equals mental clutter. >> if your mind races about tasks in the day ahead, terry says don't worry. just write out a tomorrow to-do list. >> just put it on paper. the old-fashioned way. and then you would be surprised how things look manageable. >> i definitely need that list. thanks, chris. that does it for this edition of "the fast forward," i'll see you at 4:30 with more news. have a great afternoon. my asthma felt anything but normal. ♪ ♪♪ it w was time fofor a nunorml with nucalala. nunucala is a a once-monthty add-onon treatatment for severe e eosinophililic asta that c can mean less oral l steroids.. not t for suddenen breathining problemsms. allergicic reactionsns can oc. get hehelp right a away for r swelling o of

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amber riley is here. >> have you heard about cob webbing? >> no. >> "access daily" starts right now. >> oh, welcome to "access daily," everybody. i'm kit hoover with mario lopez. it is wednesday. and the wait is over, guys. for 14 years we've been waiting for the sequel to "avatar." it's finally come. it's called "way of the water." it is shot entirely underwater, directed by james cameron. the sequel was supposed to come out in 2014 but he said not until i get the technology that i want, i'm not going to make this movie. these actors had to learn to