Cite as: 529 U. S. 848 (2000)
Opinion of the Court
United States, 471 U. S. 858, 860, n. 5 (1985) (citation omitted). The word "fire," which did not appear in § 844(i) as originally composed, was introduced by statutory amendment in 1982.4 As now worded, § 844(i) (1994 ed., Supp. IV) reads in relevant part:
"Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both . . . ."
We previously construed § 844(i) in Russell v. United States, 471 U. S. 858 (1985), and there held that § 844(i) applies to a building "used as rental property," ibid. The petitioner-defendant in Russell had unsuccessfully attempted to set fire to a two-unit apartment building he owned. He earned rental income from the property and "treated it as business property for tax purposes." Id., at 859. Our decision stated as the dispositive fact: "Petitioner was renting his apartment building to tenants at the time he attempted to destroy it by fire." Id., at 862. It followed from that fact, the Russell opinion concluded, that "[t]he property was . . . being used in an activity affecting commerce within the meaning of § 844(i)." Ibid.5
4 See Pub. L. 97-298, § 2(c), 96 Stat. 1319 (amending § 844(i) to insert the words "fire or" before the words "an explosive"). The House Report accompanying the 1982 legislation explained that the original measure, which was confined to damage caused by "an explosive," had resulted in problems of practical application. H. R. Rep. No. 678, 97th Cong., 2d Sess., 2 (1982). In particular, the Report noted a Circuit conflict on the question whether the measure covered use of gasoline or other flammable liquids to ignite a fire. Id., at 2, and nn. 5-6.
5 We noted in Russell that the original version of the bill that became § 844(i) applied to destruction, by means of explosives, of property used " 'for business purposes.' " 471 U. S., at 860, n. 5. After some House
853
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