  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 non-equilibrium fluctuations of the electron density in the N-layer cause
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 effect can
be viewed as a result of the time reversal symmetry breaking due to the
non-equilibrium, and can be described in terms of a low energy collective mode
of the junction, which couples normal currents in N-layer and supercurrents.
This mode is analogous to the Schmid-Sch\"{o}n mode. To interpret their
measurements of the tunneling current, Pothier {\em et. al} [Phys. Rev. Lett.
{\bf 79}, 3490 (1997)] had to assume that the energy relaxation rate in the
normal metal is surprisingly high. The broadening of the BCS singularity of the
density of states in the S-layer manifest itself similarly to the broadening of
the distribution function. Mechanism suggested here can be a possible
explanation of this experimental puzzle. We also propose an independent
experiment to test our explanation.
