We consider a normal-metal-superconductor (N-S) junction in the regime when
electrons in the normal metal are driven out of equilibrium. We show that
the nonequilibrium fluctuations of the electron density in the N layer caus
e the fluctuations of the phase of the order parameter in the S layer. As a
result, the density of states in the superconductor deviates from the BCS
form; most notably the density of states in the gap becomes finite. This ef
fect can be viewed as a result of the time-reversal symmetry breaking due t
o the nonequilibrium, and can be described in terms of a low-energy collect
ive mode of the junction, which couples normal currents in N-layer current
and supercurrent. This mode is analogous to the Schmid-Schon mode. To inter
pret their measurements of the tunneling current, Pothier et al. [Phys. Rev
. Lett. 79, 3490 (1997)] had to assume that the energy relaxation rate in t
he normal metal is surprisingly high. The broadening of the BCS singularity
of the density of states in the S layer manifests itself similarly to the
broadening of the distribution function. The mechanism suggested here can b
e a possible explanation of this experimental puzzle. We also propose an in
dependent experiment to test our explanation. [S0163-1829(99)04434-3].