"A covered communication shall not be retained in excess of 5 years, unless ... (iii) the communication is enciphered or reasonably believed to have a secret meaning;"
[0] https://www.congress.gov/bill/113th-congress/house-bill/4681...
"...any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage."
You do when you are interpreting the laws. They're labels that carry as much weight as subsection markers. To say otherwise would imply that the "Patriot Act" by another name would be interpreted differently, or that bullet point "1" is more important that "2".
> nothing in that section discusses granting authority
Correct, it is a direction to those that already have such authority. While I enjoy the legal equivalent to the underhanded C contest as much as the next guy, the events that spawned this legislation make debating the finer points of section headings seem pretty silly.