854
Opinion of the Court
We now confront a question that was not before the Court in Russell: Does § 844(i) cover property occupied and used by its owner not for any commercial venture, but as a private residence. Is such a dwelling place, in the words of § 844(i), "used in . . . any activity affecting . . . commerce"?
In support of its argument that § 844(i) reaches the arson of an owner-occupied private residence, the Government relies principally on the breadth of the statutory term "affecting . . . commerce," see Brief for United States 10, 16-17, words that, when unqualified, signal Congress' intent to invoke its full authority under the Commerce Clause. But § 844(i) contains the qualifying words "used in" a commerce-affecting activity. The key word is "used." "Congress did not define the crime described in § 844(i) as the explosion of a building whose damage or destruction might affect interstate commerce . . . ." United States v. Mennuti, 639 F. 2d 107, 110 (CA2 1981) (Friendly, J.).6 Congress "require[d] that the damaged or destroyed property must itself have been used in commerce or in an activity affecting commerce." Ibid. The proper inquiry, we agree, "is into the function of the building itself, and then a determination of whether that function affects interstate commerce."
members indicated that they thought the provision should apply to the bombings of schools, police stations, and places of worship, the words "for business purposes" were omitted. Id., at 860-861. The House Report accompanying the final bill, we further noted in Russell, described § 844(i) as " 'a very broad provision covering substantially all business property.' " Id., at 861, and n. 8 (citing H. R. Rep. No. 91-1549, pp. 69-70 (1970)).
6 The defendants in Mennuti destroyed two buildings. One was the residence of the owner and her family, the other was a rental property. See 639 F. 2d, at 108-109, n. 1. The Second Circuit affirmed the District Court's dismissal of the entire indictment. Our decision in Russell v. United States, 471 U. S. 858 (1985), supersedes Mennuti with respect to the building held for rental. Regarding the family residence, we find Mennuti's reasoning persuasive.
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