1. There is nothing saying that the new codes are not in place yet. What about this?
Because the Constitution guarantees us certain rights, it has often been used as a legal justification for controversial behavior.
Same structure, but the Constitution is definitely in effect!
2. Unfortunately, the word "that," like so many common words, has many uses. In this case, it is not signalling a noun modifier. It is part of the idiom "provides that," and it is telling us what the new code provides. However, if you see "that" directly after a noun, then it is modifying that noun.
(See what I did there? I said "modifying that noun." In this case, "that" is used to indicate which noun I'm talking about. It isn't serving as a modifier or forming part of an idiom!)